Court Reinstates Contractor’s Construction Lien Following Improper Discharge by Trial Court
This case arises from a dispute between a homeowner and contractor and addresses how Florida’s lien discharge statute found in 713.21, Florida Statutes, applies when a contractor files suit to foreclose a lien and a homeowner responds with a claim under 713.21, Florida Statutes.
Court Allows Contractor’s Unjust Enrichment Claim to Proceed After Expiration of Lien
This case arises from a dispute between a restoration contractor and a condominium association. After the contractor’s construction lien expired, it filed suit to recover payment. The association challenged the payment claim, arguing that expiration of the lien also extinguished the payment claim and won. On appeal, the contractor sought reversal based on a specific provision of Florida’s construction lien law.
553.791, Florida Statutes, Revised by Recent Bill to Include Single-Trade Permit Applications, Plans Review, and Inspections
HB 683 (2025) was signed recently by Governor DeSantis and became effective July 1, 2025. While the bill modified multiple statutes affecting the construction industry, there are extensive modifications to Florida’s alternative plans review, or private provider, statute found in 553.791, Florida Statutes.
New Statute Prohibits Local Governments From Requiring Copies of Contracts to Receive a Building Permit
HB 683 (2025) was signed recently by Governor DeSantis and became effective July 1, 2025. While the bill modified multiple statutes affecting the construction industry, the modifications to 553.79, Florida Statutes, prohibit local governments from obtaining copies of contracts as part of the permitting process.
553.73, Florida Statutes, Now Exempts Certain Construction on Spaceports from the Florida Building Code
553.73, Florida Statutes, authorizes the adoption and governance of Florida’s Building Code, and includes a section setting forth various types of construction that are exempt from the Florida Building Code. Effective July 1, 2025, as part of HB 683 (2025), now certain types of construction relating to spaceports are exempt from the Florida Building Code
Newly Enacted HB 551 (2025) Modifies Three Statutes to Simplify and Shorten Fire Sprinkler and Fire Alarm PErmitting
On July 1, 2025, HB 551 (2025) became law in Florida and made changes to 553.7932 and two sections of Chapter 633, Florida Statutes, both of which deal with fire sprinkler and fire alarm systems. The changes to 553.7932 generally are aimed at shortening and simplifying permitting application times for fire alarm system projects with 20 or fewer devices. The Changes to Chapter 633, Florida Statutes, provides additional requirements for uniform summary inspection reports.
Court Reverses Judgment Against Remodeling Contractor Over Homeowner’s Failure to Present Correct Measure of Damages
This case arises from dispute between a homeowner and a contractor regarding a home remodel. After the homeowner terminated the contractor from the project, litigation ensued. While the homeowner initially recovered just under $500,000.00 at trial, this was reversed on appeal due to issues with the timing of the damages calculations.
Florida Thermal Efficiency Code Revised to Apply Less Stringently to Natural-Disaster-Damaged Buildings
Florida’s Thermal Efficiency Code is found in 553.900 - 553.912, Florida Statutes, and is intended to promote energy efficiency in thermal design and operation of all buildings statewide. As part of SB 180 (2025), the definition of a “renovated building” was modified to create a higher threshold of the cost of the renovation before compliance with Florida’s Thermal Efficiency Code applies to buildings damaged by natural disasters.
Newly Created 489.1132, Florida Statutes, Creates New Regulations for Cranes and similar Equipment During Hurricanes
In response to recent natural disasters impacting Florida, on June 30, 2025, Governor DeSantis signed SB 180 into law. While the bill alters multiple statutes, relevant to this blog, it creates 489.1132, Florida Statutes, entitled “Regulation of hoisting equipment used in construction, demolition, or excavation work during a hurricane.”
Court Reverses Determination that Contractor’s Assignment of Benefits Agreement is Invalid Under 627.7152, florida Statutes
This case arises from a trial court’s determination that an assignment of benefits agreement between a contractor and homeowner regarding water damage mitigation was invalid. While many similar court decisions apply paragraph 2 of Florida’s Assignment of Benefits Statute to invalidate these types of agreements, this one applies a different paragraph of the same statute and reaches a different result.
Court Determines Contractor’s Company is Unlicensed Despite Owner being Licensed
This case from Florida’s Fifth District Court of Appeal thoroughly evaluates the licensing requirements for business engaged in contracting in Florida and concludes that it is not sufficient for an owner of the company to have a license. The license holder must also formally become the qualifying agent for the company. In this case, the lack of proper licensure resulted in the contractor’s contract for a new home being declared unenforceable.
Court Affirms Judgment in Favor of Contractor Over Owner’s Failure to Present Evidence of Damages at the Time of the Breach of Warranty and Violation of Florida Building Code
This case from Florida’s Third DCA arises from a lawsuit between a condominium and its builder over various claimed defects in the construction. The court’s decision ultimately turned on the sufficiency of the evidence related to damages presented at trial and the jury instructions used in the case.
Newly Enacted HB 683 (2025) Expands Scope of Work That Can Be Performed by Certified Alarm System Contractors
While HB 683 (2025) modifies several statutes that apply to the construction industry, from a licensing perspective, it updates the definition of a Certified Alarm System Contractor to expand the scope of work that can be performed by those contractors.
Court Reverses $85,000.00 Attorneys’ Fee Award in Construction Lien Case After Applying Significant Issues Test Despite Award to Contractor
This case from Florida’s Second District Court of Appeal arises from a dispute over hours charged by a staffing company and a related charge of less than $3,000.00. After having its fraudulent lien claim dismissed during trial, the property owner appealed, having that ruling reversed, only to have the trial court’s ruling in favor of the staffing company on its good-faith-dispute defense save the staffing company. The appellate court also found that the trial court applied the wrong test in awarding attorneys’ fees and reversed an award of $85,000.00 in attorneys’ fees to the staffing company.
Newly Enacted HB 715 / SB 1076 (2025) Imposes New Requirements on Roofing Contractors
Since 2019, roofing contractors have seen new requirements and changes to their scopes of work imposed under Florida’s contractor licensing statutes. Many of these changes require contractual disclosures and impose various timelines, including cancellation deadlines. Most recently HB 715 (formerly SB 1076) was signed into law by Governor DeSantis. The new bill creates multiple changes to Chapter 489, Florida Statutes, that effect roofers.
Eleventh Circuit Court of Appeals Reverses Dismissal of Pro Se Claims Against Cabinet Contractor, Allowing Punitive Damages Claims to Stand
A dispute over $2,500.00 in overlooked soft-close cabinet drawers, quickly escalates into claims over fraudulent Google reviews, a federal lawsuit, and over $500,000.00 in damages.
Court Reverses Judgment in Favor of Contractor After Determining Contractor Was Unlicensed.
This case from Florida’s Third District Court of Appeal addresses Florida’s statute declaring that contracts entered into by unlicensed contractors are unenforceable.
Court Refuses to Increase Lien Transfer Deposit Amount in Unconsolidated Cases
Florida’s Third District Court of Appeal recently declined to reverse a trial court’s refusal to increase the amount a construction lien transfer deposit and the trial court’s related discharge of a lis pendens. The decision seems to rest, at least in part, on the fact that the lien foreclosure action and related breach of contract claims were progressing in two separate, unconsolidated cases.
Court Required to Stay Proceedings While Property Owner Fulfills Requirements Under Florida’s Notice and Opportunity to Repair Statute
This case arises from a dispute between a unit owner in a condominium and the general contractor who built it. When the trial court failed to require the unit owner to comply with Florida’s Notice and Opportunity to Repair Statute, the general contractor appealed.
Court Determines General Contractor Entitled to Attorneys' Fees Award Against Subcontractor Despite Jury Apportionment of Damages
Florida’s First District Court of Appeal recently reversed a trial court’s denial of a general contractor’s motion for attorneys’ fees filed against a stucco subcontractor, finding that the apportionment of damages in primary claims between the property owner and general contractor should have no bearing on the prevailing party status of the general contractor on third-party claims against subcontractors.