Florida Construction Law

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

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