Diaz & Russell Corporation v. Department of Business and Professional Regulation, 2014 WL 2199757 (3D13-1764, May 28, 2014)

By Anonymous -
A licensed general contractor does not have to identify the architect in its design-build contract - DBPR oversteps its authority in sanctioning contractor. 

As reported last month, the Board of Architecture and Interior Design entered a final administrative order imposing a fine of $10,000 and costs of $6,867.53 on a licensed general contractor for not identifying its intended architect before offering the design-build services.  The project was an interior partition wall with a total contract price of $5,900.  The Third District Court of Appeal reversed on the grounds the Board’s interpretation of the statute was erroneous; there is no requirement in Florida law that requires a licensed contractor to identify the architect it intends to use - it is sufficient that the architect hired by the design-build contractor is licensed as an architect.

The board’s motion for rehearing based on an alleged factual distinction that the contractor hired an engineer to prepare the drawings and specifications, rather than an architect has been DENIED.

(From The Florida Bar Construction Law Committee )

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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