Florida Homeowners’ Recovery Fund Now Applied to Division II Contractors

As of July 1, 2016, Division II contractors are now required to insert a statutory warning in any residential contract that exceeds $2,500.  The warning is as follows: FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A…

OSHA VIOLATIONS AND THE WHISTLEBLOWER ACT

Employee statements can make or break your defenses against OSHA Citations. However, as an employer, the contractor is not entitled to review the employee statements under certain federal laws commonly known as the Whistleblower Act. Therefore, it is impossible to know exactly what facts the employee written statements contain. Notwithstanding this, it is always advisable…

CASE LAW UPDATE: KEDDO ENTERPRISES

Keddo Enterprises, LLC. V. The Florida Building Commission, Florida 5th DCA, Case No. 5D14-3846 (September 4, 2015). Keddo Enterprises, LLC, manufactures and markets a product called “Storm Stoppers.” This is a lightweight panel designed to be an alternative to plywood for protection against hurricanes and windstorms. Keddo appealed an order by the Florida Building Commission…

Indemnification and The Statute of Repose

We have previously written on the difference between the statute of limitations and statute of repose with regard to construction related disputes. As a refresher, in the construction defect context, a claimant has four years to file suit from the date they knew or reasonably should have known with the exercise of due diligence the…

Construction Law Newsletter – Amendment to Notice of Defect Claim

The process of resolving a construction or design defect claim in Florida starts with the claimant providing notice of the claims to the responsible parties.  In some instances, the notice of the claim lacks specificity.  Thus, the recipients of the notice are left wondering about the nature and location of the alleged defect, as well…

Construction Law Newsletter – FRSA Victorious at CILB

In May 2015, the Hernando County Building Official filed a Petition for Declaratory Statement with the CILB, asking the Board 1) to determine the definition of a preformed panel-post and beam roof; 2) whether a Specialty Structure Contractor can install this roof directly over existing roofing for site built structures; and 3) exactly what mobile…

Construction Law Newsletter – Sealed Attic Protection

While the research continues regarding the proper use and installation of spray foam installation and sealed attics, many contractors have requested a contract disclaimer.  The following is a short form disclaimer that can be used by roofers where they have concerns over existing conditions involving sealed attic systems: Sealed Attic Liability Exclusion: Contractor expressly disclaims liability…

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