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Tag: scope-of-work

  • The Other Property Problem: Applying the Economic Loss Rule to Construction Contracting Claims

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    The economic loss rule in Florida says you can’t sue for damages in a contract dispute unless there’s personal injury or damage to other property. That’s easy to understand when it comes to products, but it gets tricky with construction contracts because there’s no clear line between what’s considered “other property” and what’s not. This…

  • The Impact of Unlicensed Contractor Activities

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    If you’re working in construction, you need to have a license from the Florida Department of Business and Professional Regulation. This is important because without a license, any contracts or legal rights you have might not be enforceable. This means that if you want to change your business structure or merge with another company, you…

  • What is a construction contract?

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    A construction contract is a mutual or legally binding agreement between two parties (one or more property owners and one or more contractors) which outlines the scope of work, risks, duties and legal rights of both the contractor and the owner. A construction contract is a mutual or legally binding agreement between two parties (one…

  • “Skills a General Contractor Can Use in Florida”

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    – Florida Construction Licensing is regulated by Chapter 489, Florida Statutes, which includes restrictions on the scope of work allowed for each license. – A Certified General Contractor in Florida is authorized to enter into contracts to build anything in the state, but may have restrictions on self-performing certain types of work. – Section 489.113,…

  • General Contractors Can Pursue Triple Damages Against Unlicensed Subcontractors in Florida

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    – Unlicensed contracting is a crime in Florida. – Florida Statutes provide special civil remedies for those harmed by unlicensed contracting, such as treble damages and attorney’s fees. – General contractors can also obtain these civil remedies if they are harmed by their unlicensed subcontractors. – In the case of Home Construction Management, LLC v.…

  • “Laws for Business Licenses in Your Area Until 2023”

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    1. The subcontractor did not have a required local license for specific aspects of the work performed, leading the general contractor to argue that the subcontractor was unlicensed. 2. The subcontract included a clause requiring compliance with all federal, state, and local laws, which included local licensing requirements. 3. The general contractor sought to recover…

  • Get Your Florida Contractor License: Everything You Need to Know

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    1. Florida contractor licenses are divided into two types: certified and registered. 2. Certified contractors can work in all Florida cities and counties without needing a local competency license. They only need to show their state certification and pay necessary fees. 3. Registered contractors can only work in the specific cities and counties where they…

  • Contractor Claims: What High Schoolers Need to Know

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    1. Payment disputes occur when the owner fails to pay the contractor on time, leading to cash flow issues for the contractor and its subcontractors. 2. Change-in-scope disputes arise when the contractor is required to perform work that was not originally included in the contract, and the owner fails to pay for that additional work.…

  • Understanding Assignment of Benefits in Florida

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    – The Florida assignment of benefits statute affects both homeowners and businesses. – Section 627.7152 of the Florida Statutes outlines the requirements for a valid assignment of benefits agreement. – An assignment of benefits agreement involves the transfer of insurance benefits from the policy holder to a third party. – The validity and enforceability of…

  • Florida Homeowners Construction Recovery Fund: What You Need to Know After a Disaster

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    – The Recovery Fund was created to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. – Claimants are eligible to seek recovery from the fund if they have exhausted the limits of any available bonds or insurance and have received a final judgment in a court of competent jurisdiction…

  • How to Get a Contractor’s License in Florida

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    – To work legally as a contractor in Florida, a person must obtain a contractor’s license. – The requirements for a contractor’s license are laid out in Chapter 489 of the Florida Statutes and the Construction Industry Licensing Board. – Unlicensed contracting in Florida is considered a first-degree misdemeanor. – A contractor is someone who,…