Contractor Liability | Linkhorst Law Firm, P.A.

How Would I Lose My Florida Contractor’s License?

Adam Linkhorst — Tue, 06 Feb 2024 11:00:42 +0000

Not everyone can get a contractor’s license. You need to display a lot of knowledge about the industry. But even once you get your license, you need to work hard to keep it.

As long as you follow the laws and stay out of trouble, you should be fine. However, many contractors get into trouble for various reasons. One wrong move can lead to license suspension or revocation.

Getting a contractor’s license is a huge responsibility. Make sure you follow the laws. Here’s what you need to know.

What the Law Says

Under Florida Statutes Section 469.009, a contractor’s license may be suspended or revoked or they could face continuing education or fines of up to $5,000 per violation for engaging in the following acts:

Willfully or deliberately disregarding or violating the health and safety standards of the Occupational Safety and Health Act
Proceeding on any job without obtaining all applicable approvals, authorizations, permits, and inspections
Obtaining a license by fraud or misrepresentation
Knowingly violating any building code
Hiring unlicensed personnel, if the licensee knows or has reasonable grounds to know that the person or entity was unlicensed
Committing misconduct that causes financial harm to a customer

Other Considerations

You could also lose your contractor’s license due to the following:

Failure to comply with bond requirements. Violating bond requirements is one of the most common reasons for a license suspension. When a contractor’s bond is canceled or they refuse to pay for one, they can lose their license.
Failure to abide by workers’ compensation regulations. If you have employees, you need to have workers’ compensation insurance. If you have workers’ compensation and your policy expires or gets canceled, you could lose your license.
Failure to resolve judgment. Contractors may get sued by clients, subcontractors, employees, and other entities for various reasons. However, you cannot simply ignore these lawsuits. You must handle these judgments in a timely manner. When you fail to do so, your license is at risk.

What Happens When Your License is Suspended or Revoked?

If your license becomes inactive or canceled, and you want to continue to work as a contractor, you need to take steps to reinstate it. You can contact the Department of Business and Professional Regulation to learn what you need to do.

However, you cannot simply continue to work without a license. Florida takes unlicensed work very seriously. Even for a first offense, you could face probation or one year in jail. Any subsequent offenses can be charged as felonies. You may face five years in jail and a fine of as much as $10,000.

Contact Us Today

Once a contractor gets their license, they have to work hard to keep it. There are things that may happen that could jeopardize it.

Dealing with a criminal or civil matter? Your license could be affected. Don’t ignore the situation. Seek legal help from a Florida construction lawyer from Linkhorst Law Firm, P.A. Call (561) 626-8880 or fill out the online form to schedule a consultation.

Source:

flsenate.gov/Laws/statutes/2017/469.009

Picking a Contractor to Repair Hurricane Damage

Adam Linkhorst — Tue, 15 Jan 2019 13:48:54 +0000

As Florida residents come to the end of another hurricane season, those who were affected have had to deal with repairing their houses, or, in some cases, rebuilding. One of the beginning steps in this process is also one of the most important – selecting a contractor. As many Floridians know, many contractors from other locales will invade the affected area, especially if the area is extremely hard hit by an intense hurricane, and offer their services. However, and also as many Floridians know, the quality of these companies and individuals is very suspect. Further, their non-local nature means they can easily skip town after receiving payment but before commencing work. Even in cases where a local contractor is chosen, in an effort to entertain more contracts, many contractors may cut corners. Consequently, retaining the services of an experienced construction law attorney can be crucial to ensuring that the contractor chosen not only gets the job done, but gets it done accurately, efficiently, and on time. A recent article briefly highlights various factors to consider when selecting a contractor, and a more thorough discussion of these factors will follow below.

Licensing

Above all, it is vitally important that all contractors considered for a project be licensed by the Construction Industry Licensing Board, a division of the Department of Business and Professional Regulation. While the temptation may be to select either the cheapest contractor or the contractor who is able to begin at the earliest possible time, it can alleviate a lot of issues later if a property owner takes the time to conduct a thorough due diligence in selecting a contractor.

Reputation

In addition to confirming the licensing of the contractor, it is also necessary to ensure that any contractor considered has a stellar reputation. Various entities, such as the Better Business Bureau, can help in this regard. Additionally, conducting a simple online search can reveal a lot about a contractor’s reputation.

References

Further, checking a contractor’s references (i.e., previous projects) is another factor to consider when choosing a contractor. Many contractors will provide a list of recent projects, and either driving by these projects, or even contacting the property owners, may shed some light on how the contractor operates.

Contractual Issues, Negotiations, and Payments

Some contractors may desire a gentlemen’s agreement to begin work. However, all construction contracts are legally required to be in writing, and the property owner should insist on this. Specifically, the property owner should want the exact scope of the project and the schedule for the work be set forth in writing, which also sets forth the property owner’s rights. Although many contractors will have a standard, form-based contract that they will expect the property owner to sign without modification, there is no requirement that this be the case. Having an experienced construction attorney at this stage can be crucial to both parties operating on an equal footing.

Additionally, in many construction contracts, property owners may make payments without receiving assurances that subcontractors have been paid for their work. This may lead to mechanic’s liens being recorded against the house. Accordingly, it is important, before releasing payment, to insist on receiving a partial release of any lien for any work performed by a subcontractor, as well as a final release of any lien at the conclusion of the project. Again, an attorney can assist with this issue.

Let Us Help You Today

If you own property which has been damaged by a hurricane, selecting the right contractor to repair or rebuild your property is a task that should not be taken lightly. In fact, contact an attorney experienced in construction law to help you. The attorneys at Linkhorst Law Firm, P.A. have years of experience in the unique aspects facing Florida property owners with construction matters, and will guide you along the way to ensure that the contractor charged with repairing or rebuilding your property is reputable, has a clean track record, and meets all requirements for licensing and bonding. For assistance in this regard, contact our Jupiter office today.

Resource:

marketwatch.com/story/how-to-find-a-contractor-after-a-hurricane-2017-09-25

Influence of the Slavin Doctrine on Contractor and Designer Liability

Adam Linkhorst — Wed, 28 Nov 2018 11:00:23 +0000

A contractor, or a designer, who agrees to design or construct an edifice for another also expressly or impliedly warrants to design or build the edifice with a degree of quality, effectively ensuring that the final product will be operable for the purpose which it was built, with no defects. If defects become apparent, in some cases, the homeowner may be able to recover the cost of the repair from the contractor or the designer. Retaining the services of an attorney experienced in drafting and negotiating construction contracts will help ensure that any liability on the part of the contractor or designer is kept to a minimum. In addition to ensuring that liability is kept to a minimum as the result of strategic contractual negotiation, there exists, in Florida, legal precedent that further limits the liability of a contractor or designer. The aftermath of the bridge at Florida International University that collapsed in March, in which the designer’s other projects are now the subject of increased scrutiny, illustrates how a single potential instance of liability can reverberate through almost everything a contractor or designer has done in the past or will do in the future. A discussion of the legal precedent referred to above, as well as strategies for using this precedent, will follow below.

The Slavin Doctrine

In 1959, the Florida Supreme Court decided Slavin v. Kay, in which they held that, in a construction project, once a property owner has made a reasonably careful inspection of a construction project and then accepts the project as complete, the contractor and designer will not be held liable for any patent defects in the project. That is, if there are any patent defects that could have been discovered and remedied by the property owner, then the property owner will not be able to recoup his/her expenses if he/she accepted the project as complete. Further, the test for whether a defect is a patent defect is not whether or not the defect was obvious to the owner, but whether its dangerousness was obvious had the owner exercised reasonable care.

It is important to understand that the Slavin Doctrine is only applicable to patent defects. Liability for latent defects, or those defects which are not as easily discoverable, cannot be transferred to the property owner as a result of the Slavin Doctrine.

This comes into play if a third party is injured on the Owner’s property. If the Owner is in control of the property and the reason for the injury was open and obvious, the contractor or designed may rely on the Slavin Doctrine as a defense to such claims, thereby placing liability on the Owner as opposed to the Contractor or Designer.

An experienced construction contract attorney can ensure that the parameters of the Slavin Doctrine are met, thereby releasing liability of the contractor or designer upon acceptance of the project by the property owner.

Seek Legal Advice

If you are a contractor or a designer, and are looking to ensure that the extent of your liability ends when you turn over the keys to the building to the property owner, contact the experienced construction contract attorneys at Linkhorst Law Firm, P.A. before entering into a construction contract. We have experience in negotiating construction contracts, and will ensure that you are protected to the fullest extent, including appropriate application of the Slavin Doctrine. Contact our Jupiter office today.

Resource:

boston.cbslocal.com/2018/03/15/florida-pedestrian-bridge-collapse-engineers-zakim-bridge/