March Florida Construction Law Update 

March, 2022 - Jason S. Lambert

Florida courts have issued three decisions in 2022 impacting contractors


Since the beginning of the year, Florida’s courts have issued three decisions impacting contractors, which are summarized below.


Does Failure to Obtain Local Licenses Render Contracts Unenforceable?


A decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses. The case serves as another cautionary tale about the importance of complying with state licensing, local licensing, and contract requirements, and how all three can combine to make construction projects a complex compliance environment for contractors. Click here to read more.


Court Reverses Ruling In Favor of Landlord and Deems Contractor's Lien for Tenant Improvements Valid


In an important case for contractors engaged in tenant improvement work, Florida’s Third District Court of Appeal reversed a judgment in favor of a landlord holding that a contractor’s lien could not attach to the real property being improved by a tenant of the landlord. The reversal allowed the contractor’s lien enforcement claim to proceed. Click here to read more.


Court Affirms $638,000 Award for Improper Stoppage of Construction Contract by County


In January, Florida’s Second District Court of Appeal affirmed a $638,794.10 award for damages in favor of a utility contractor, and reversed an award of $177,750 in liquidated damages in favor of the county that hired the company. The damages awarded arose from an improper stoppage of work and delay in construction by the county. The case is a great example of the factors considered by courts in evaluating damages available for delays and what constitutes a proper stoppage of work. Click here to read more.


If you have any questions, please don’t hesitate to reach out to Jason Lambert or your Dinsmore construction attorney.


 



Link to article

MEMBER COMMENTS

WSG Member: Please login to add your comment.

dots