Laws For Contractors In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
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Description

This document outlines the laws governing contractors in Miami-Dade, focusing on pivotal aspects of contracting and construction law. It details the essential elements required for valid construction contracts, such as offer and acceptance and sufficient consideration. The document emphasizes the necessity for written agreements and mutual obligations to maintain enforceability. It also highlights the implications of implied warranties, particularly the implied warranty of habitability, which mandates the contractor’s responsibility to ensure the property is fit for its intended use. Relevant sections detail breach and enforcement strategies, including remedies available to contractors for non-performance by owners, and the circumstances surrounding delays and payment issues. The utility of this document is heightened for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides crucial insights on necessary legal frameworks, strategies for mitigating risks associated with breaches, and a guide for proper contract execution and adherence. Additionally, practical examples and standard clauses are offered to aid in formulating clear contractual agreements.
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FAQ

Evaluating the Severity of Defects Minor imperfections or cosmetic issues may not be sufficient grounds for legal action. However, if the defects significantly impact the functionality, safety, or value of the property, it may be necessary to pursue a lawsuit.

Contact a construction litigation attorney if you're facing issues like project delays, contract errors, quality of work, nonpayment, job site injuries, defective construction claims, or when deciding on legal action or contract-related decisions in Florida.

South Florida Law, PLLC Lawsuits against contractors are typically filed in civil courts and can be based on various legal grounds, ranging from negligence and failure to meet obligations to construction defects and violations of building code requirements.

Typically, property owners can file a claim under Florida's construction defect laws, which are designed to protect consumers from shoddy workmanship. One common remedy is to file a breach of contract claim. If the builder or contractor did not meet the agreed-upon standards, the property owner may sue for damages.

While one can perform many basic handyman jobs without a contractor license, the following work cannot be done without one: Construction – It is illegal in Florida to do any structural or remodeling work without certification and licensing by the Florida Construction Industry Licensing Board.

If you wish to file a complaint against a contractor, you may contact the Department of Business & Professional Regulation online at .myfloridalicense or by phone at (850) 487-1395.

In Florida, unlicensed contracting is typically charged as a first degree misdemeanor, with penalties of up to one year in jail, twelve months of probation, and a $1,000.00 fine. However, these penalties are usually for first time offenders.

The Construction Industry Licensing Board is responsible for licensing and regulating the construction industry.

The court could order your contractor to finish or correct the work or compensate you for your losses. Otherwise, you could file a claim against your contractor's insurance. However, a contractor's general liability insurance likely won't cover faulty work claims unless someone is injured from the unfulfilled contract.

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Laws For Contractors In Miami-Dade