Florida Construction Law

The Construction Industry Licensing Board proposed to adopt or amend the following rule:   61G4-15.035, creating Certified Irrigation Specialty Contractors, with scope of work to start downstream of the backflow preventer (i.e., so as not to adversely affect the potable water supply). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

The Construction Industry Licensing Board proposed to adopt or amend the following rule: 61G4-12.011(8), amending the definition of "Services incidental thereto," regarding the licensure exemption under s. 489.103(1), F. S., for transportation projects. Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

By order entered on April 27, 0212, CILB granted a petition by C.A.R.P.I. U.S.A., Inc., filed on March 12, 2012, that a construction license is not required for the subcontracting of installation of specified lining materials as a water barrier. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

By order entered on March 8, 2012, the Construction Industry Licensing Board granted a petition by Close Construction, LLC, filed on January 3, 2012, that a licensed general contractor has the necessary licenses to install water piping within the water treatment plant and into the distribution system outside of the water treatment plant, and to install a pre-manufactured blower assembly within the water treatment plant. (from RPPTL Subcommittee) . Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A final order was issued to Jim Phelps, Phelps Engineering Company, on February 7, 2012, interpreting s. 489.105(3), that a contractor’s license is required for the installation of plastic baffle materials to an existing cooling tower. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A final order was issued to Arnold M. Verway, Okeechobee County Construction Industry Licensing Board, on February 7, 2012, interpreting paragraph 61G4-15.015(2)(b) to permit a specialty contractor to be the primary contractor when the subcontracted work involves the installation or replacement of window and door assemblies.  (from RPPTL Subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Section 489.121, Florida Statutes, provides: "I f an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified or registered. Such person shall notify the board, within 30 days after the death of the contractor, of his or her name and address, knowledge of the contract, and ability to complete it. If the board approves, he or she may proceed with the contract. For purposes of this section, an incomplete contract is one which has been awarded to, or entered into by, the contractor before his or her death, or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor’s death." Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

I will be speaking at the Central Florida Roofing & Sheet Metal Association (CFRSA) on July 19, 2011.  The topic will be "Collecting Payments on Construction Projects."  Attendees will receive one hour of CILB contractor continuing education credit.  The meeting begins at 6:00 p.m. at Dubsdread, 549 W. Par Street, Orlando, FL  32804. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Landscaper was entitled to evidentiary hearing on his petition for attorney’s fees in administrative licensing action.  Boetzel v. DBPR , 32 So.3d 780 (Fla. 2d 2010). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

CILB issued an Order dated October 15, 2010, regarding the Petition for Declaratory Statement filed on August 9, 2010 by Bruce Landers. The board’s Order provides that BUILDING contractors may install non-structural, non-load-bearing windows and doors in buildings greater than 3 stories in height pursuant to s. 489.105(3)9c). Editor Note: Most improvements to structures in excess of 3 stories requires a GENERAL contractor’s license, so this statement represents an expansion of the scope of work permitted to be performed by licensed BUILDING contractor. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A Final Order Declaratory Statement was issued in DS 2010-055, filed on September 22, 2010 , In Re: Malcolm Drilling Company, Inc ., holding that a subcontractor who was not required to have a Division II license for foundation boring and soil stabilization on the Miami Access Tunnel, did not need a Division I license pursuant to s. 489.113(2) where all work was to be performed under the supervision of a licensed Division I contractor. For full text of the Petition for this Declaratory Statement see Vol. 36, No. 30, of the July 30, 2010 Florida Administrative Weekly. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

CILB issued a final order on September 7, 2010, granting a Petition for Declaratory Statement received by this board on June 30, 2010, from DeMay, Inc., interpreting s. 489.105(3)(n), F. S. to allow a licensed underground utility contractor to install water piping on the downstream side of the back-flow assembly, except where it is used exclusively for a fire protection system. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

An order was filed on March 18, 2011, on the Petition for Declaratory Statement filed by John Lohr, The Red Mountain Group on January 6, 2011, finding that a tower specialty contractor is certified to perform work involving the construction, repair and alternation of an uninhabitable tower, and that additions or attachments that do not affect the structural integrity of a tower are not considered an alteration under Rule 61G4-15.034, FAC. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A CILB order was filed on March 18, 2011, on the Petition for Declaratory Statement filed by Rowdy Carton, Eastern Pipeline Construction, Inc. on December 23, 2010, finding that a gas line specialty contractor is licensed to perform directional drilling as a means of installing gas pipelines. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

CILB issued an order that was filed on March 18, 2011, on the Petition for Declaratory Statement filed by Steven Markel, Complete Environmental Solutions, finding that a mechanical contractor may NOT hook up sanitary or sewer lines, but could potentially be allowed to operate as a prime contractor for such work. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Final Order Declaratory Statement was issued in DS 2010-055, filed on September 22, 2010 , In Re: Malcolm Drilling Company, Inc ., holding that a subcontractor who was not required to have a Division II license for foundation boring and soil stabilization on the Miami Access Tunnel, did not need a Division I license pursuant to s. 489.113(2) where all work was to be performed under the supervision of a licensed Division I contractor. For full text of the Petition for this Declaratory Statement see Vol. 36, No. 30, of the July 30, 2010 Florida Administrative Weekly. Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com/

DBPR/CILB v. Millman , Case No 10-2463: Recommended order of August 27, 2010, recommends that the CILB impose only a $500 fine for non-payment of a judgment against a Division I contractor in favor of a supplier, and rejects a proposed “restitution” for lack of statutory authority, except as to a “consumer." Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com/  

Earth Trades v. T & G , 35 Fla. L. Weekly D1937b (August 27, 2010): General contractor’s alleged knowledge that subcontractor was unlicensed would not be an affirmative defense for owner under section 489.128, F. S., as amended in 2003 to add subsection (3), which provides, in part: “The section shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien or bond remedies.” Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

MM II v. Silvester , Florida 4th DCA (August 18, 2010): In a breach of contract dispute between homeowner and installer of audio equipment, it was determined that NO contractor or electrical contractor license was required even though the audio wiring involves low voltage electricity. Accordingly, the contractor was NOT “unlicensed” and could enforce the contract. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A final order was issued by the Florida CILB on February 3, 2011, responding to a Petition for Declaratory Statement received on July 12, 2010, from Jacqueline Watts, interpreting s. 489.105(3)(f), (g), (i) and (m), F. S., and determining that installing and servicing of LP gas appliance, including disconnection, reconnection and repair, are within the scope of an Air Conditioning (A and B), Mechanical and Plumbing licenses. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com