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Florida Construction Statutes to Know About

ConstLaw

Construction is a dangerous industry not only for the workers but possibly the occupants as well. A defective building that is not structurally sound and built to code will cause problems. The structure could collapse and seriously injure or even kill someone.

As a general contractor, this is not a situation you want to deal with. It’s best to follow the laws and avoid lawsuits as much as possible. To do so, keep in mind that knowledge is power. Here’s a look at some laws you should know about if you plan to construct buildings in the Sunshine State.

Licensing and Codes

These statutes regulate the education, testing, and licensing of design professionals (such as architects) and the experience requirements, testing, and licensing of inspectors, contractors, and other tradesmen

Permits

To obtain permission to build a structure, a contractor is required to bring a set of plans prepared, signed, and sealed by licensed design professionals to be examined by a building department. The examiners must review the plans for compliance with the code. Also, a fire inspector is required to review the design for life safety and fire code compliance. If the proposed design meets the requirements of these codes, the contractor will receive a building permit, which allows a qualified contractor to construct exactly what is on the approved drawings at the exact location shown on the plans.

 Contracts

There needs to be a contractual relationship among the owner, design professional, and contractor. Owners may be private individuals or they may be public entities. The contractor’s license number must appear on all contracts. Contracts must also contain a notice concerning the applicability of F.S. Ch. 558, which covers construction defects. In addition, contracts for residential work must include language regarding the Homeowners Recovery Fund and a lien law notification.

Code Compliance

While Florida does not recognize a common law duty to comply with the building code, under the law, there can be a cause of action against those who fail to do so. However, there is no cause of action for intentional violation of the building code unless the violation causes actual damage

Payment

Getting paid in a timely manner for one’s work is one of the most difficult parts of the construction industry. Developers, contractors, and subcontractors are all particularly sensitive to economic conditions. To protect against this, Florida has enacted prompt payment laws that require all owners to make timely payments to contractors. Contractors are also required to make timely downstream payments.

Contact Us Today

Construction projects can be highly complex. There are many building codes and laws involved, and contractors need to abide by them to ensure projects are safe for inhabitants.

If you are having issues with your construction project, seek legal help from the Florida contractor representation lawyers from Linkhorst Law Firm. We are fully prepared to protect and promote your interests. To schedule a consultation, fill out the online form or call 561-626-8880.

Source:

floridabar.org/the-florida-bar-journal/statutes-affecting-florida-construction/

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