Florida Construction Law

Hurricanes have brought a myriad of legal issues to the forefront.  One of the most important things for any roofing contractor or supplier to remember during hurricane repairs are the Florida-specific, price gouging laws.  Florida Statute 501.610, commonly referred to as the Price Gouging Statute, states that during a declared state of emergency the rental or sale of essential commodities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency is unlawful. The statute defines a “commodity” as any goods, services, materials, merchandise, supplies, equipment, lumber, and other products necessary for consumption or use as a direct result of the emergency. Inflated prices on the rental or sale of the commodities is unlawful unless the increase in the amount charged is attributable to additional costs incurred in connection with the sale of the commodity. With regard the roofing industry, the Pri...

AmeriLoss Public Adjusting Corp. , Florida Third District Court of Appeal (October 6, 2010), Case No. 3D09-363: Dismissed a challenge to an administrative Declaratory Statement issued by the Department of Financial Services to Clyde Lightbourn regarding his contractual obligation to pay an adjusting fee for property damages caused by Hurricane Katrina, because the appellant was not a party to the administrative proceedings. While it appears that the propriety of issuing a Declaratory Statement for past conduct was not been raised, this case highlights the importance of timely intervening in such administrative hearings (and to reviewing the required publication of notice of such proceedings in the 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