Issuance of a “stop work order” requires the receiver to immediately halt all work-related operations in accordance with Florida law. Whether a stop work order is issued from a payment dispute, unsafe working conditions, or something else entirely, it is imperative that you take action quickly to protect yourself from becoming the target of a lawsuit.
The Florida stop work order attorneys at Cotney Construction Law understand the nuances of Florida’s stop work order procedures and how to best defend yourself if you are faced with such an order.
Basis for Receiving a Stop Work Order
Stop work orders can be issued for a variety of reasons in Florida. The most common scenarios involve failure to comply with the Florida workers’ compensation statute. Violating this statute can result in hefty fines or severe criminal implications. Another common scenario involves state inspectors or representatives uncovering unsafe working conditions such as the presence of hazardous materials or non-compliance with OSHA regulations. Stop work orders can be issued for an entire project or a portion of a project.
Violating a Stop Work Order
If you are issued a stop work order, it is important to comply with any deadlines or requests for documentation. Stop work orders usually carry short deadlines with severe consequences. These can include a waiver of all rights and imputed penalties for uninsured workers. The state of Florida can impute the earnings of any uninsured workers at 1.5 times the statewide average weekly wage. Depending on the severity of the violation, criminal charges can be filed against the business owners.
Dealing with a Florida stop work order can be confusing without the right help. Our Florida stop work order attorneys have been helping clients navigate these legal avenues for years. These key points will help simplify some of the complicated details of stop work orders.
- If you are issued a stop work order, stop working immediately.
- They can be issued to protect other buildings, tenants or workers from unsafe conditions.
- A violator can be fined or charged as a criminal.
- A new inspection of a job site may be necessary to nullify a stop work order. Any additional costs will be absorbed by the contractor.
- Stop work orders can be utilized between the general contractor and the owner, as well as between the subcontractor and general contractor.
- Including a notice of a stop work order in the contract can help decrease the likelihood of a violation.
- Saving a comprehensive paper trail that shows evidence of competent, well-intentioned decision making is important for defending yourself against a stop work order.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.