(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … Read more
It is not always clear whether certain scopes of work require a licensed professional to perform, or if they can be performed by a handyman. The DBPR’s Construction Contracting website offers examples of services that require a person with a Florida license to perform. The list is not all inclusive. Needs a License Does not … Read more
Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more
The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more
Occasionally, a client seeks help after a default has been entered against it, and there may be no reasonable basis to vacate the default within the excusable neglect framework. In some cases not all hope is gone, there maybe another tool in the attorney’s toolbox. If the Complaint that serves as the predicate for the default judgment was not well-pled (does … Read more
When are subcontractor claims against an owner for unjust enrichment appropriate ? In Maloney v. Therm Alum Industries, Corp., 636 So. 2d 767 (FL. 4th DCA 1994), the Court held that a subcontractor could not sue an owner for unjust enrichment unless and until the subcontractor had exhausted its legal remedies against the general contractor with … Read more
Oral Modifications to Construction Contracts, Florida Construction Law Many written contracts between contractors and owners contain provisions to the effect of “all modifications to this contract must be made in writing.” And when litigation invariably arises from non-payment for modifications that are performed without being reduced to a written change order, or other writing, a … Read more