Attorney Andrew Douglas Sworn in as Broward County Traffic Hearing Officer

FORT LAUDERDALE, FLORIDA – (December 28, 2018)  Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more

Fraud, Fraud in the Inducement, the Independent Tort Doctrine, and the Confusion in Florida Courts

Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more

Personal Liability for Fraudulent Lien or Slander of Title for Lien filed on Behalf of Business, Not So Fast.

Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more

Andrew Douglas P.A. Successfully Defends Felony Unlicensed Contracting Charge for Client

WESTON, FLORIDA – (July, 5, 2018) Andrew Douglas, P.A., is pleased to announce that it has successfully defended its client against a felony criminal charge of Unlicensed Contracting During a Declared State of Emergency (Engage in Contracting Violation During Existence of State of Emergency.) The State Attorney’s Office for the 15th Judicial Circuit, in and … Read more

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab   3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees use form 6(x) or 7(x), existing licensees use Form 9. CILB 6-G – Class A air … Read more

Construction Law: Qualifier/Qualifying Agreement – Qualifying Additional Business Entities – Proof of Supervision

In recent years, the Construction Industry Licensing Board (“CILB”)has expressed concerns with qualifiers that qualify more than one business entity. The CILB requires that a licensee appear before the board at a monthly meeting in order for the board to approve such licensee to qualify an additional business. This in-person evaluation is one way the … Read more

Construction Qualifiers: Qualifying More than One Construction Business in Florida

Can a construction licensee qualify more than 1 construction business? Yes. A qualifier may qualify two or more businesses. You may access the application to qualify an additional business entity online at http://www.myfloridalicense.com/dbpr/construction-industry/. However, the Construction industry licensing board requires that applicants seeking to qualify more than one business appear before a monthly board meeting … Read more

Construction Companies: Secondary Qualifying Agent

What is a Secondary Qualifying Agent? A secondary qualifying agent is responsible only for: 1. The supervision of field work at sites where his or her license was used to obtain the building permit; and 2. Any other work for which he or she accepts responsibility. See Fla. Stat. 489.1195 A secondary qualifying agent is not … Read more

Construction Company: Financially Responsible Officers (FRO) Fla. Stat. 489

What is a Financially Responsible Officer (FRO)? Generally, when a licensed contractor qualifies a construction business entity that qualifier is responsible for both the construction activities of that business and the financial aspects of the business. However, the use of an FRO separates these 2 responsibilities, allowing for the qualifier to limit his/her responsibilities to … Read more