Construction Liens and Defects Provisions for Florida Construction Contracts
As a contractor in the Sunshine State, it’s important to be cognizant of the essential provisions required by law to be written into every single one of your construction contracts. When it comes to construction contracts, contractors must be prudent of various statutes in Florida that govern mandatory contractual provisions. In this article, a Jacksonville construction lawyer from Cotney Attorneys & Consultants will explore these important provisions. Remember, contracts are a vital component of every construction project. If you need assistance with contract negotiation, drafting, or review, contact a Jacksonville construction lawyer.
Under Chapter 713, Florida Statutes, which gives contractors the legal right to file a construction lien against an owner who withholds due payment, any contract worth more than $2,500 that proposes improvements to real property for single and multi-family housing up to four units must include this provision in 12-point font, capitalized and boldfaced, on the first page of the contract or on a separate document. This provision must be signed and dated by the owner. Remember, the notice must be included in a written contract. Oral or implied contracts require the notice to be provided on a separate document that references the contract.
Under Chapter 558, Florida Statutes, which is also referred to as Florida’s Construction Defect Statute, any written contract depicting the improvement of real property between an owner and contractor should include this notice:
“ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.” §558.005(6), Fla. Stat. (2012).
It’s important to note that both parties can proceed without utilizing this provision if it is agreed upon in writing. If this step isn’t taken, failing to include the provision in a contract will not eliminate the need for compliance. Although there is no penalty for failing to include this notice, it is imperative that you understand the importance of this provision to avoid legal disputes.
If you want airtight contracts that keep your best interests front and center, consult the Jacksonville construction lawyers at Cotney Construction Law. Our experienced legal team is intimately familiar with the ins and outs of the construction industry and is prepared to assist you with services including contract negotiation and review.
If you would like to speak with a Jacksonville construction lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.