Understanding and complying with Florida Statute 489.126 is essential for contractors to maintain legal standards and build trust with clients. This statute outlines how you must handle deposit monies received for residential construction projects. Here’s a step-by-step guide to ensure you meet these legal requirements: Step 1: Initial Payment and Permits Receive Initial Payment: Apply … Read more
Florida has introduced new measures to tackle unlawful detainer and squatting issues through Chapter 82 of the Florida Statutes, also known as the “Forcible Entry and Unlawful Detainer” law. This law outlines the legal framework for addressing situations where individuals occupy property without legal right. Here’s an in-depth look at the key elements of Chapter … Read more
If you are a licensed contractor in Florida looking to qualify an additional business organization, you might be wondering whether you need to appear before the Construction Industry Licensing Board (CILB). According to Rule 61G4-15.0021, the answer depends on specific circumstances related to your involvement with the new business. Key Points of Rule 61G4-15.0021: Practical … Read more
In Florida, qualifiers play a crucial role in ensuring that construction businesses operate within the law. While being a W2 employee remains the best practice for qualifiers who are not owners, recent changes to the Florida Administrative Code provide new alternatives. Updated Rule: 61G4-15.0024 Supervision of Business Entities The rule 61G4-15.0024 outlines the requirements for … Read more
In the wake of global disruptions like the COVID-19 pandemic, businesses and legal professionals are closely examining the interplay between contractual force majeure clauses and common law defenses such as impossibility and frustration of purpose. Understanding how these legal concepts interact is crucial for managing contracts during unforeseen events. Understanding Force Majeure Clauses Force majeure … Read more
Fla. Stat. 489.113(3)(a) requires that a qualified business replace its qualifier within 60 days of qualifier termination of qualification. The company cannot continue to operate as a construction business until it replaces its qualifier, however, it may obtain a temporary certificate permitting it to complete incomplete jobs. The analogous electrical contracting statute seems to indicate … Read more
Passed in 2021, Fla. Stat. 163.211 eliminates local government’s ability to regulate and license specialty contractors (such as painters, flooring, landscapers, pavers and others whose work does not involve life safety implications.) Generally, the new licensing scheme eliminates the requriements for contractor’s to seek licensure from their local governments, and potentially eliminates the need for … Read more
Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “ From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more
Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more
If a (non-owner) interested party (Contractor, Subcontractor) transfers to cash a lien placed on the Owner’s property, is that party perpetually obligated to increase security upon motion and order obtained by the foreclosing plaintiff for the pendency of the case. The law is unsettled, but seems to answer this question in the negative. Florida Law … Read more