Court Finds Enforceable Settlement Agreement Between Subcontractor and Homeowner Despite Lack of Signature
This case arises from a dispute between a concrete subcontractor and a homeowner. After the parties negotiated a resolution by phone and email, the homeowners partially paid but failed to execute the settlement and release agreement. The subcontractor sued to enforce the unsigned agreement and to foreclose its construction lien.
Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes
This case arises from a third-party debt buyer’s attempt to enforce a mitigation contractor’s assignment of benefits against an insurance carrier. The court’s decision focuses on the enforceability of the contract between the third-party and the contractor, rather than the original assignment of benefits.
Court Reverses Construction Lien Foreclosure over Procedural Concerns and Factual Issues Regarding Substantial Completion
This cases arises from a dispute over defectively installed HVAC units. After the trial court entered judgment in favor of the HVAC contractor without notice, the property owners appealed. The appellate court reversed the judgment finding that procedural issues and issues regarding whether the work was substantially complete precluded judgment
11th Circuit Affirms OSHA Citations Against Roofing Subcontractor for Actions of Sub-Subcontractors
This case arises from a roofing subcontractors appeal of two OSHA citations issued to it as a “controlling employee” of two sub-subcontractors.
Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes
This cases arises from a dismissal of a water mitigation contractor’s lawsuit against an insurance carrier. The carrier argued that the mitigation contractor’s assignment of benefits did not comply with 627.7152, Florida Statutes, and while the trial court agreed with that argument, the ruling was reversed on appeal
Court Holds That Roofing Contractor Still Had Standing to Enforce Contract after Hiring Collection Agency to Recover Unpaid Balance
This case arises from a payment dispute between a roofing contractor and a homeowner. The roofing contractor hired a collection company to collect the unpaid contract balance and the homeowner argued in litigation that this only allowed the collection company, not the roofer, to sue the homeowner to recover the balance due.
Court Reverses $86,000.00 Restitution Award Against Unlicensed Contractor
This case arises from a restitution order requiring an unlicensed contractor to pay a homeowner $86,000.00. The case explores the type of evidence required to support a restitution award.
Court Upholds Construction Lien Foreclosure Sale Despite Sale Price and Claimed Lack of Notice
This case arises after a successful construction lien foreclosure by a general contractor. After the sale, the property owner attempted to have the sale overturned, claiming the sale price was too low and that it had not received adequate notice of the sale.
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.
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.
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.
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.
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.