Florida Construction Law

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

489.113 requires that “A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration in the respective trade category,” but goes on to say “A general contractor shall not be required to subcontract structural swimming pool work. All other swimming pool work shall be subcontracted to an appropriately licensed certified or registered swimming pool 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

In Cannon v. Fournier , 57 So.3d 875 (Fla. 2d DCA 2011), the Court held that an injured construction worker could sue the general contractor and that contractor's qualifier individually under a tort theory.  The general contractor was a single member limited liability company where the qualifer was the single member.  The Court stated "officers or agents of corporations may be individually liable in tort if they commit or participate in a tort, even if their acts are within the scope of their employment." 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

Subcontractors of a general contract unless stated otherwise in the contract documents are incidental beneficiaries who cannot enforce the terms of the primary contract.   Esposito v. True Color Enterprises Construction , 45 So.3d 554 (Fla. 4th DCA 2010). 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

In W&W Lumber of Palm Beach, Inc. v. Town & Country Builders, Inc. , 35 So.3d 79 (Fla. 4th DCA 2010), the general contractor had filed suit against a window installation subcontractor for breach of contract damages.  The subcontractor counterclaimed for nonpayment.  The prime settled with the manufacturer of the windows and subsequently dismissed its claims against the subcontractor with prejudice.  The prime sought to amend to add additional defenses based on setoff.  The Court held that the doctrine of res judicata barred the prime's ability to add the setoff defense because it dismissed the claim giving rise to the setoff with prejudice.   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

Suffolk Construction Company, Inc. v. First Sealord Surety, Inc., et. al ., Case No. 3D-10-788 and 3D09-2009, filed March 23, 2011: In a suit by the general contractor against the plumbing subcontractors and performance bond surety, a $277,195.69 award of appellate attorney fees to the surety was affirmed under the doctrine of law of the case in the absence of evidence of manifest injustice. 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