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.
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.
Court Reinstates Contractor's Lien After Holding that Claimed Local Licensing Violations Do Not Necessarily Fall Under 489.128, Florida Statutes
Florida’s Fourth District Court of Appeal reinstated a contractor’s construction lien after finding that alleged unlicensed contracting in violation of local ordinances did not trigger the application of 489.128, Florida Statute. The court does a good job of outlining the differences between state and local licensing laws and the penalties and scope of enforcement available at the state and local level.
Court Confirms that Electrical Contractors can Perform Excavation As Part of Their License Without Also Being Licensed Underground Utility Contractors
This case from Florida’s Fourth District Court of Appeal addresses the issue of whether an electrical contractor can contractor for work that includes the scope of work typically reserved to licensed underground utility and excavation contractors.
Two 4th Circuit Orders Grant Summary Judgment Finding that General Contractors Have Non-Delegable Duty to Ensure Construction Complies with Florida Building Code
The orders found that, as a matter of law, the two general contractors in those cases had a duty to supervise, direct, manage, and control the work to ensure compliance with the Florida Building Code, and that such duty could not be delegated to subcontractors or other parties working on the project. The impact of the decisions appears to limit the relevant general contractors’ ability to require liability to be apportioned between various subcontractors.