Florida Construction Law

By order entered on April 27, 2012, the board granted a petition by Derek Pratt, filed on March 9, 2012, that a plumbing license is required, pursuant to section 489.105, for sewer and drain cleaning, TV pipeline inspection, and private utility locating, because it involves entry into the sanitary sewer lines. (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

An owner was entitled to attorney's fees against a plumbing contractor on the plumbing contractor's lien claim, because a 713.23 private payment and performance bond had been posted for the project.  United Plumbing and Heating Inc. v. Goldberger , 452 So.2d 591 (Fla. 4th DCA 1984). 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

The Construction Industry Licensing Board issued an Order regarding the Petition for Declaratory Statement for Teddy Medsker, filed on October 10, 2010. The Notice of Petition for Declaratory Statement was published in Vol. 36, No. 48, of the December 3, 2010, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on January 14, 2011. The petition requested the Board’s interpretation of Section 489.105(3)(m), Florida Statutes, and whether plumbing contractors are properly licensed, according to construction industry licensing requirements pursuant to Section 489.105(3)(m), Florida Statutes, to install, maintain, repair, alter, extend or, when not prohibited by law, design drainage and supply wells without obtaining any additional local regulatory license, certificate or registration. The Board’s Order, filed on February 18, 2011, answers the Petition for Declaratory Statement. Pursuant to Section 489.105(3)(m), Florida Statutes, a...

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

The Plumbing Service Company v. Progressive Plumbing, Inc., Case No. 5D09-3717, filed October 22, 2010: Trial court ruled that sub-subcontractor was barred by election of remedies doctrine from recovering damages for breach of contract (loss profits on uncompleted work) due to recovery under a s. 713.23 payment bond. Reversed and remanded to allow such action since it was not duplicative of bond coverage for payment of completed work, since election of remedies is based on estoppels to prevent double recovery for the same wrong. Court noted that s. 713.30 provides that bond remedy is “cumulative to other existing 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