Construction Contracting: Contractors Can Contract for Limited Work Outside Scope of License

Contractors Can Contract for Limited Work Outside Scope of License Florida Statute 489.113 specifically allows for licensed general contractors to contract for a limited scope of work outside of their licensure provided the majority of the work to be performed under the contract is within the licensure. A properly licensed contractor must still perform the work,( … Read more

Florida Lien Law: Liens and Leases

Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more

Construction Contracting: Prohibited Practices “Rent-a-License”

An unlicensed handyman pulls a permit using a friends contracting license. This happens all the time. Its unlawful, and most important, when it happens, the homeowner will not have to pay for the work. However, many handymen (read unlicensed person) think they are acting lawfully, and even diligently, by having a properly licensed professional pull 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 Contractors: Qualifying Agent Responsibilities

To “qualify a business” means the contractor has agreed to accept full responsibility for the business, including financial transactions, signing permits, and supervising all jobs the business participates in. If you are the primary qualifying agent, you are responsible for your business. If your company designates a financially responsible officer to take financial responsibility for … 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

Florida’s Fourth DCA Contradicts Itself – Serving Documents Not Filed by Email

2 Cases, Interpreting Virtually the Same Language, 4 Months Apart, 2 Different Results (and with 1 Concurring Judge in Common) Under Florida Law, there are two statutes (at least) that require document service on opposing parties without filing with the Clerk, a Safe-Harbour letter pursuant to Fla. Stat. 57.105(4), and a Proposal for Settlement pursuant … Read more

Real Estate Broker Liability for the Actions of a Real Estate Licensee

Can a broker be liable for the actions of an associate? There are many large real estate brokerages that employ many sales associates, and if an associate does mishandle escrow funds or commits other law or rules violations the broker may be liable and subject to a disciplinary action by the DPBR. Section 475.25, Florida Statutes … Read more