Florida Construction Law

In Jackson-Jester v. Aziz , 48 So.3d 88 (Fla. 2d DCA 2010), the Court found that a genuine issue of material fact existed with regard to whether owner knew that it would be inequitable for owners to retain benefit conferred by purchaser, and therefore, denied a summary judgment against an equitable lien claim.   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

In Austin Building Company v. Rago, Ltd. And Federal Insurance Company , Case No. 3D09-3238, filed April 27, 2011, there were cross-claims by both the prime contractor and concrete structural subcontractor based on Section 489.128, Fla. Stat. which were resolved by summary judgments in favor of each party (and the surety, who insured both the contractor and the subcontractor). Both judgments were reversed in this appeal based on the Court’s retroactive application of the 2009 statutory changes that delete reference to a “local” license, and on the genuine issue of material fact as to the extent of the contractor’s knowledge of the subcontractor’s unlicensed status citing Castro v. Sangles , 637 So.2d 989 (Fla. 3d DCA 1994) barring relief to a plaintiff who participated in a wrongdoing . 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