Board Certification Review

Design-Bid-Build

Owner retains the services of a project designer. Drawings and specifications are put out to bid among either all potential local contractors or a group of contractors who the owner has pre-qualified.

Construction Manager at Risk

The Owner selects the construction manager essentially at the same time as the project designer is selected. Construction manager is able to provide pre-construction services during the design phase and is able to develop and submit a price proposal for the performance of the work reflected in the final design documents.

Construction Manager Agency

The owner retains the construction manager during the design phase. Is tired to help the owner manage and oversee the project and is responsible for consulting with the architect during the design phase regarding constructibility, schedule and price estimates, providing quality control during construction, and assisting the owner in making various project-related construction decisions. The construction manager does not go on to build the project. .

Design-Build

The owner develops a conceptual plan for the project and then hires one entity to serve as design/builder.

Progressive Design Build

Design/builder is first selected based on its qualifications alone, and then as the design is developed the design/builder submits price proposals based on the final design documents. Owner looses a little control over the design.

Integrated Project Delivery

The principal project participants enter into a multi-party agreement that addresses how they will jointly share responsibility Ives for the design and construction of the project. Includes a broad mutual waiver of all claims the principal project participants could otherwise assert. among themselves.

Public Private Partnership

A project sponsor (typically a public agency) and one or more private sector entities enter into a contractual agreement whereby the skills and assets of each sector are shared in delivering a service or facility for the use of the general public.

Conventional A201 Family Docs

Consists of a number of forms that assume the normal owner-architect-contractor relationship on a typical DBB project.

CM Advisor Family Documents

Assumes the CM Agency Model.

CM Constructor Family

Construction manager is at risk since the construction manager is responsible for the actual performance of the construction work. Includes a GMP contract option as well as a standard cost-plus.

Interiors Family

Includes various forms intended to address interior design work, as well as the design, acquisition, and installation of furniture, fixtures and equipment.

The Design/Build Family

Was designed for D/B projects where the owner will enter into a single contract with an entity to provide both the design and construction of the project.

Each of the AIA agreement forms accomplishes six key tasks

1. Identifies the primary parties involved in the project

2. It identifies the specific project and the scope of the work for which the contractor will be responsible with respect to the project

3. It identifies all if the applicable “Contract Documents”

4. It establishes the commencement date for the contractor’s performance of the work

5. The agreement establishes the price and method for payment of that price

6. It identifies other miscellaneous project specific terms.

B101 decides the architect’s services into five traditional phases:

1. Schematic design

2. Design development

3. Construction documents

4. Procurement

5. Construction

Common law or statutory indemnity

Seek to shift the risk of loss from a party who may have had little or no responsibility for causing a loss but otherwise would be liable for it, to the party who should bear the costs associated with the loss because the cause of the loss was due to that party’s acts or omissions.

Contractual indemnity

Allows the parties to transfer the risk of loss or any portion thereof, amongst themselves as they deem appropriate, subject only to statutory our judiciary constraints.

Limited form indemnification

To the extent of the indemnitor’s negligence

Intermediate form

Indemnitor in whole or in part negligent. Is void and unenforceable unless it includes a monetary limitation of the extent of the indemnification which limitation also must bear a reasonable commercial relationship to the contract and must be a part of the project specifications or bid documents, if any.

Board form indemnification

Indemnity in whole or in part negligent. Is void and unenforceable unless it includes a monetary limitation on the extent of the indemnification which limitation also must bear a reasonable commercial relationship to the contract and must be part of the project specifications or bid documents, if any.

Common law indemnification.

Indemnity is 100% without fault. To establish: (1) the party seeking indemnification must be without fault, and their liability must be vicarious and solely for the wrong of another and (2) indemnification can only come from a party who was at fault.

An indemnification obligation may not

Require the indemnitor to indemnify the indemnities for damages to person or property caused in whole or in part by any act, omission, or default of a party other than: (a) the indemnitor; (b) any of the indemnitor’s contractors, subcontractors, materialmen or agents out their respective employees; or © the indemnitor or its officers, directors, agents or employees.

Cannot include claims of, or damages resulting from, gross negligence, or willful, wanton, or intentional misconduct of the indemnitor or its officers, directors, agents or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or a result from the acts or omissions of the indemnitor ort any of the indemnitor’s constant or s, subcontractors, materialmen or agents or their respective employees.

Types of damages that are often expressly delineated in a waiver of consequential damages provision:

1. Additional rental expenses

2. Loss of use, income, profit, financing, bonding, business and reputation

3. Loss of management or employee productivity

4. Anticipated profits.

Type I changes to conditions

Subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract documents

Type II changes to conditions

Unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the contract documents.

To recover under Type I changes a party generally must show:

1. The conditions indicated in the contract documents differ materially from those it encounters during performance

2. The conditions actually encountered were reasonably unforseeable based on all the information avaliable to the contractor at the time of bidding

3. The contractor reasonably relied

To recover under Type II conditions, a party generally must show:

1. It encounter an unknown physical site condition

2. Of an unusual nature

3. That was materially different from those ordinarily encountered and generally recognizied as inherent in construction activities of the character provided for in the contract documents.

Liquidated damages provision

Provides a specified sum, applied usually on a per diem basis, that a contractor must pay the owner for an executed delay to the project completion.

Builders Risk Insurance Company

Covers any casualty damage to the construction work and materials while construction is in progress. Often, the owner is responsible for obtaining such coverage, as well as paying any deductibles should any covered claims arise.

Subornation provision

Should clearly waive any and all of the owner’s rights of recovery against the contractor for any damage or loss arising from any of the covetable causes in the BRI policy, regardless of any negligence on behalf of the contractors.

The Sperin Doctrine

If a contractor is bound to build according to an owner’s plans and specification, the owner will be responsible for consequences of defects in the plans and specifications.

Delegation of Design Liability

Language that makes it clear the contractor’s review of design documents for errors, inconsistencies or omissions is done so in its capacity as a contractor and not as a licensed design professional. The contractor’s obligation is only to provide notice of those design defects it has actual knowledge of.

Escalation provisions

Allow the contractor to pass on a percentage of the price escalation risk to owners in exchange for reducing built-in contingency pricing and allowing others to share in savings if prices drop. Successful escalation provisions at a minimum: (1) identify the specific materials to be subject to the potential price escalation adjustment; (II) establish the precise trigger and methods for calculating increased costs, and (iii) clearly identify the duration for which prices are valid.

The “Construction Phase”

Commences upon owner’s acceptance of the GMP proposal or upon the owner’s issuance of a Notice to Proceed, whichever occurs earlier.

After commencement of Construction Phase, CM may only request evidence of owner’s financial arrangements to meet the owner’s obligations under the contract if:

1. The owner fails to make payments to the CM as required

2. A change in the work materially changes the contract sum or

   1. The CM identifies in writing a reasonable concern regarding the owner’s ability to make payment when due.

Guaranteed Maximum Price

The construction manager guarantees that the contract sum shall not exceed the guaranteed maximum price set forth in the guaranteed maximum price amendment, as it is amended from time to time.

Cost of the work

Costs necessarily incurred by the construction manager in the proper performance of the work. Costs must be charged at rates not higher than the standard paid any the place of the project absent owner’s prior consent.

Unused materials

Become the owner’s property, or at the owner’s opinion, are sold and credited to the owner as a deduction from the cost of work.

Calculation of salvage value

Value of materials, supplies, etc., not fully consumed is the difference between the value at the time first used and the value of the item when no longer used at the project site. (Value=fair markets value)

Cost of work shall not include:

1. Salaries and other compensation of CM personnel stationed at the CM’s principal office;

2. Expenses of the CM’s principal office;

3. Overhead and general expenses;

4. CM’s capital expenses including interest on the CM’s capital employed for the work;

5. Costs due to the negligence or failure to e of the CM, subcontractors, and suppliers to fulfill a specific responsibility of the contract;

6. Any cost not specifically and expressly described;

7. Costs that would cause the GMP to be exceeded;

8. Costs for services t incurred during the pre construction phase

Formula for compensation for construction phase services

If the owner terminates after the construction phase services have commenced, the owner is required to pay the construction manager for such services, which includes:

1. The cost of the work;

2. A portion of the construction manager’s fee computed upon the cost of the work to the date of termination;

3. Fair compensation for the purchase or rental of any construction-manager owned equipment for which the owner elects to retain.

Surety’s obligation will arise if each of the following is met:

The owner provides notice to the contractor and the surety that the owner is considering decclaring a contractor default. The notice must indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor’s performance. Any conference requested must be held within ten busainess days of the surety’s receipt of the notice, unless the Owner agrees otherwise. And the Owner, Contractor, and Surety agree, Contractor may be given “reasonable time” to perform.

After providing the notice, the Owner must declare a contractor default, termination the construction contract, and notify the surety.

Failure to comply with the surety notice requirement is neither:

A failure to comply with a condition precedent to the surety’s obligations or a release of the Surety from its obligations, except to the extent the surety demonstrates actual prejudice.

Once the owner has met it requirements to the surety, the surety must do one of the following:

Engage the principal to perform and complete the construction contract with the owner’s consent;

Perform and complete the construction contract itself through its agents or independent contractors;

Arrange for the engagement by the owner of a replacement contractor to perform and complete the construction contract

Waive its rights and either: make payment to the owner for the amount for which the surety is liable to the owner under the bond or deny liability in whole or in part and notify the owner, citing the reasons for the denial.

The Surety shall be deemed in default

1. If the surety does not proceed as provided in section 5 with reasonable promptness

2. The owner provides an additional written notice to the surety demanding the surety perform its obligations under the bond and

3. Seven days elapse after the surety’s receipt of the owner’s written notice without the surety curing its failure to perform its obligations under the bond.

As long as the owner has committed to pay the balance of the contract price, the surety is obligated to the opwner for:

1. The responsibility of the contractor for correction of defective work and completion of the construction contract

Additional legal, design professional and delay costs resulting from the contractor’s default and resulting from the actions or failure to act of the surety and

Liquidated damages or actual damages caused by delayed performance or non-performance oft e contract.

To make a claim to a surety on behalf of a second tier or lower subcontractor the claimant must:

1. Furnish a written notice of nonpayment to the contractor stating with substantial accuracy:

   1. The amount claimed, and

   2. The name of the party to whom, the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed

2. Within 90 days after having last performed labor or last furnished materials or equipment included in the claim; and

3. Send a claim to the surety

Surety’s responsibilities in response to claimant’s notice on a payment bond

The surety must promptly do each of the following:

1. Send an answer to the claimant with a copy to the owner, within 60 days after receipt of the claim, the response must state the amounts that are undisputed and the basis for challenging any amounts that are disputed;

2. Pay or arrange to pay any undisputed amount.

A claim to a surety must include at a minimum:

1. The name of the claimant;

2. The name of the person for whom the labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the construction contract;

4. A brief description of the labor, materials or equipment furnished;

5. The date on which the claimant last eroformed labor or last furnished materials or equipment for use in the performance on the construction contract;

6. Total amount earned by the claimant, the labor, materials, or equipment furnished as of the date of the claim;

7. The total amount of previous payments recieved by the claimant; and

8. The total amount due and unpaid to the claimant for labor, materials, or equipment furnished as of the date of the claim.

Who owns architectural drawings?

Architect and its consultants own their respective “Instruments of Service” sand they can be used solely and exclusively for execution of the work.

Who has supervision of a construction project?

Contractor is responsible for and has control over means, methods, techniques, sequences, procedures and coordination of the Work unless the Contract Documents provide otherwise.

Award of subcontractors and other contractors for portions of the work

As soon as practicable after award, contractor must supply in writing names of persons or entitles proposed to perform each portion of the work. Architect has 14 days to assert whether owner or architect have reasonable objection or request more time to review.

Subcontractural relations

Requires flow down clauses in Subcontracts so that’s subs are bound to the contractor by the terms of the contract documents.

Substantial completion

Defined as the stage of completion where work (or designated portion) sufficiently complete in accordance with contract documents that owner can occupy/use for intended purpose.

Certificate of substantial completion establishes date of substantial completion, establishes rights and responsibilities of owner and contractor as to work that is substantially complete and sets time limit for correction of any items listed in certificate.

Termination by the Contractor

Contractor may terminate if work in a variety of circumstances including where Woek is stopped for 30 consecuative days, through no fault of contractor, where court order requires work to be stopped; Architect has not issued Certification for Payment (and has not notified Contractor the basis); Owner has not made payment; repeated suspensions for convenience which in aggregate total more than number of days for completion, or 120 days in 365 day period whichever is less.

Contractor required to give 7 days written notice to Owner and is entitled to payment for Work executed plus overhead and proft plus costs incurred because of termination.

Contractor can only terminate for cause, not for convenience.

Termination by Owner for Cause

If Contractor: refuses to supply sufficient properly skilled workers or materials; fails to make payments to subcontractors; disregards laws or is otherwise in substantial breach under Contract Documents, upon certification by the IDM that sufficient grounds exist, Owner may terminate on 7 days written notice terminate the Contractor.

Termination by the Owner for Convenience

Owner may terminate without cause. Contractor is entitled to payment for Work executed and costs incurred by reason of termination plus reasonable overhead and profit.

Initial Decision Maker

Architect is the IDM unless Agreement provides otherwise. IDM must render an initial decision by:

1. requesting additional information

2. rejecting claim in whole or in part

3. approving the claim

4. suggesting compromise or

5. advising that IDM cannot resolve claim.

Initial decision is final and binding but subject to mediation and binding dispute resolution.

Definition of “Contractor”

the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection.

Definition of “contracting”

Except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term “contracting” shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to sell or sells manufactured or factory-built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter has been or will be retained for the purpose of constructing or completing such residences.

Definition of “primary qualifer”

a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business or organization with which he or she is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.

Secondary Qualifier

A person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.

Business Organization

any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section.

Employee

a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers’ compensation, all as prescribed by law.

Three requirements that must be satisfied for a person to be a “contractor”

1. The individual must “construct, repair, alter, remodel, add to, demolish, subtract from or improve” a building or structure for others or for resale to others, or undertake or submit a bid to do so.

2. The individual must engage in such conduct for compensation

3. The individual who engages in such conduct must have a job scope that is substantially similar to one of the job scopes described in the paragraphs of section 489.105(3).

Jim Walter Exception

Any person who is not required to obtain registration or certification pursuant to 489.105(3)(d)-(o) may perform contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local license if such person is under the supervision of a certified or registered general, building, or residential contractor. As used in this paragraph, supervision shall not be deemed to require the existence of a direct contract between the certified or registered general, building, or residential contractor and the person performing specialty contracting services.

Owner/Builder Exemption

Permits a property owner to act as his or her own contractor for construction of a one or two-family residence, regardless of value, and for commercial improvements up to a value of $75,000.00 Property constructed or improved by an owner/builder exemption cannot be offered for sale or lease within one (1) year from completion of the work. An owner’s disclosure statement, informing the owner of the above restrictions and other important information, must be completed prior to issuance of the owner building permit.

Division I Subcontractor Exemption

An uncertified or unregistered contractor may perform construction work under the supervision of a person who is licensed as a contractor so long as the work supervised is within the scope of the supervising contractor’s scope of license and the person being supervised is not performing construction work which would require a license under any of the categories listed in s. 489.105(3)(d)-(o).

While this is similar to the Jim Walter exemption, it does not exempt unlicensed contractors from complying with local licensing ordinances.

Developer exemption

an individual, partnership, corporation, trust or other legal entity can sell completed residences in property on which the individual or business entity has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.

Manufactured building exemption

an individual, business or other legal entity is not required to hold a contractor’s license in order to sell or offer to sell a manufactured or factory build buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.

Minor or inconsequential work exemption

any work or operation of a casual, minor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than $2,500, but this exemption does not apply:

a. if the construction, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same of a different contractor, or in which a division of the operation is made in contracts of amounts les than $2,500 for the purpose of evading this part or otherwise or

b. to a person who advertises that he or she is a contractor or otherwise represents that he or she is qualified to engage in contracting.

Certified contractors

are permitted to operate in all Florida cities and counties. Are only required to exhibit to the local permitting authority evidence of their current state certification, and to pay occupational license (business tax certificate) and building permits fees required of other persons.

Registered contractors

Are only permitted to perform contracting in the cities and counties where they are licensed by the local licensing authority. The local authority issues a contractor a “certificate of occupancy”, which is then registered with the Department.

Division I contractors

General contractor, building contractor and residential contractor

General contractor

Unlimited in the types of structures that they can contract to build.

Building Contractor

limited to residential or commercial structures not exceeding three (3) stories in height and accessory use structures in construction therewith.

Residential contractor

limited to residential structures not exceeding two habitable stories, over not more than one (1) uninhabitable story, and accessory use structures in connection therewith (pool houses, tennis courts, etc.).

Division II contractors

1. Sheet metal contractor

2. roofing contractor

3. class A air-conditioning contractor

4. Class B air-conditioning contractor

5. Class C air-conditioning contractor

6. mechanical contractor

7. commercial pool/aps contractor

8. residential pool/spa contractor

9. swimming pool/spa servicing contractor

10. plumbing contractor

11. underground utility contractor

12. solar contractor

13. pollutant storage contractor

Speciality contractor

a contractor whose scope of work is limited to a particular phase of construction that is a subset of the activities described in one of the scope of work set forth in 489.105(3)(a)-(p). Each local jurisdiction has its own specialty license categories which may be more extensive in number than those offered by the CILB.

Business record requirement for licensed contractors

All contractors who are registered or certified pursuant to chapter 488 shall maintain “complete financial and business records” for the immediately preceding 3 years.

A certificationholder’s or registrant’s failure to notify the department of a change of address or phone number is a violation of Chapter 489 and can subject the license holder to discipline.

Examination

certified contractors must complete the Florida Contractor’s Examination. Examination scores for the state certification exam are good for four (4) years from date of passing the examination and all portions of the exam must be passed within four years of the first attempt.

registered contractors must meet local examination requirements which may vary substantially from one jurisdiction to another.

Financial Responsibility and Stability

Financial Responsibility: applicant must provide the department with a consumer credit report that does not disclose any unpaid liens or judgments. Credit reports are also required on all businesses which the applicant intends to qualify.

Financial stability: An applicant may be denied for lack of financial stability if his or her credit score is below 660. Applicants may furnish a licensing bond in lieu of the required credit score for $20,000 (Division I) or $10,000 (Division II).

Financially Responsible Officers

A qualifying agent may eliminate their responsibility over the businesses financial matters by designating a Financially Responsible Officer. An FRO, upon approval by the Board, shall become responsible for all financial matters of the business. An FRO may not be the primary qualifier.

Good moral character

Each applicant for licensure as a Florida Contractor must establish that they are of good moral character. If the Board denies an applicant for lack of good moral character, it must furnish a statement containing the Board’s findings, a complete record of the evidence on which the denial was based, and a notice of the applicant’s rehearing and appellate rights.

Time frames for Review and Approval/Denial of Lienceing Application

Department must review all applications within 30 days of receipt to determine if they contain any errors or ommissions. If no deficiency is noted, the application is deemed complete.

The Department and Board must approve or deny applications within the last of 90 days after recieving a complete application, 15 days after a public hearing occurs, or 45 days agter a recommended order is submitted by the Division of Administrative Hearings.

Applications for additional business

Requires the applcant to appear before the Board for review and approval of the application, unless the licensed qualifer ownes 50% of both the current and proposed business entity.

Certification of Registered Contractors License

Contractors holding a current registered local license may apply to receive a certified contractor’s license in the same category in which they are currently registered. Must establish:

1. applicant must hold a current valid registered local license in one of the contractor categories

2. applicant has, for that category, passed a substantially similar examination to the one required to be licensed as a certified contractor

3. applicant has at least 5 years experience in that catagory, aor as an inspection or businfing administrator with oversight over that category

4. applicant has not had hir or her license revoked at any time, had his or her licenses suspended, or been fined in exces of $500 within the last five years.

5. applicant must be in compliance with the insurance and financial responsibility requirements.

Emergency Registration Upon Death of A Qualifier

May request an emergency registration for the purpose of complueing current contracts. Does not need to be licensed as a contractor. Must notify the board within 30 days, submit a list of all pending contracts along with a letter outlining the registrant’s knowledge of the contracts and the ability to complete these contracts. There is not limit on the amount if time the registrant may take to complete the contract.s

Financial mismanagement by a contractor

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.

1. failure to remove a lien within 75 days after receiving the funds

2. abandoning the customer’s job (fails to perform work without just cause for 90 days)

3. the job has been completed and the price is above that what was contracted for

Petition for Declaratory Statement

Needs to be filed with the clerk of the agency and contain the following:

1. a caption that says “Petition for Declaratory Statement Before (Agency Name);

2. The name address and any email of the petitioner;

3. the name address and email of the petitioner’s attorney;

4. the statutory provision at issue;

5. a description of how the statute, rule, or order may substantially effect the petitioner;

6. the signature of the petitioner or his attorney and

7. the date.

CILB needs to issue a declaratory statement or deny the petition within 90 days after its filing with the DBPR.

Homeowner’s Recovery Fund

Homeowner must first have made a claim and exhausted the limits of any avaliable bond, cash bond, surety, guarantee, warranty, letter of credit, or policy of insurance, provided that each of the following conditions is satisfied:

1. claimant recieved final judgment in a court of arbitration or the CILB has issued a final order directing the licensee to pay restitution to the claimant. Board may waive this requiement if:

   1. the licensee has died;

   2. the claimant attempted to remove the assets from bankruptcy but was preculded by the banruptcy court

2. The judgment is based upon a violation of s. 489

3. the violation was committed by a licensee

4. the judgment specifies the actual damages suffered as a consequence of the violation

5. the contract was executed and the violation occured after July 1, 1993

6. a claim for recovery is made within 1 year of the judgment

7. any amounts recovered from any other source have been applied to the damages awarded; and

8. claimant is not a person who is precluded from making a claim for recovery.

Recovery Fund Payment Amounts

Division I: $100,000 for each claim; $2,000,000 for each licensee.

Division II: $30,000 for each claim; $600,000 for each licensee.

License by endorcement

Out of state contractors may apply for a Florida license if:

1. They hold a valid license to practice construction contracting in another state or territory and:

   1. Criteria for the issuance of such license was substantially equivalent to Florida’s current certification requirement; or

   2. Licensing state has a reciprocal agreement with the CILB

2. Or if they have held a valid license to practice the same type of construction for at least 10 years. The license must still be active or have been active within the last two years.

Minor apartment repairs

An employee of an apartment community, or an apartment community management company, can make minor repairs or existing electric water heaters or to existing electric heating, ventilating, and air conditioning systems if they follow certain conditions. This does not allow for these persons to make major repairs or replacement of these systems - or to install new owners. The employee:

1. Does not hold himself or herself or his or her employer out to be licensed or qualified by a licensee

2. Does not perform nay acts, other than acts authorized by this statutory exemption which constitute contracting

3. Received compensation from and is under the supervision and control of an employer who deducts the FICA and withholding tax and who procvides worker’s compensation, as provided by law.

4. Holds a current certificate for apartment maintenance technicians issued by the National Apartment Association and accredited by the American National Standards Institute.

Must also demonstrate that they have

1. 1 year of apartment or rental housing maintenance experience

2. Successful completion of at least 90 hours of courses or online content that covers electrical maintained and repair; plumbing maintenance and repair; heating; ventilating or air-conditioning system maintenance and repir; appliance maintenance and repair; and interior and exterior maintenance and repair; and

3. Completion of any and all examination requirements.

Limited to an individual repair that does not involve replacement parts that cost more than $1000

Limited to communities that include 100 apartments or more.

Protests concerning contract solicitations

Protests maybe as to the terms and conditions of the solicitation or as to the intended decision concerning the contract award.

The bidder must be “adversely affected”

A protecsting person must demonstrate that its substantial interest will be affected by the propesed agency action and will result in an injury to the protesting party of sufficient immediacy to justify a hearing. Generally, a second ranked bidder has standing to protest,

Timing Requirements for a Bid Protest

Protesting party must file a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of them terms, conditions, and specifications, the protest must be filed within 72 hours after the posting of the solicitation.

Notice of Protest

A short and plain statement that identifies the solicitation by number and title, and it must state that the protestor plans to protest the agency decision.

Formal Written Protest

Once the Notice of Protest is filed, the bidder has 10 days to file a formal written protest. It must state with particularity the facts and law upon which the protest is based. The information required includes:

1. The petitioner’s identification including their email address;

2. An explanation of how the petitioner’s substantial interested are or will be affected by the action or proposed action

3. A statement of all materials facts disputed by the petitioner or a statement that there are no disputed facts

4. A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal of modification of the agency’s proposed action

5. A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes

6. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect the the proposed action.

Once the agency has recieved the formal written protest

It must provide an oppertunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and state holidays.

If there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to and applicable agency rules before a person whose qualification have been prescribed by rules of the agency. If there is a disputed issue of material fact, the agency shall refer the protest to DOAH by electronic means.

The agency shall stop the solicitation or contract award process until the subject of the protest is resolved by final agency action, unless the agency head sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

Bid Protest Hearings

Within 30 days of DOAH’s receipt of the protest, the ALJ shall commence a hearing. The intended awardee and other bidders may be permitted to intervene. Petitions for leave to intervene must be filed at least 20 days before the final hearings, unless otherwise provided by law.

Parties may obtain discovery in the administrative process.

Motion practice is also allowed. After a Motion is filed, the opposing party has 7 days to file a response.

Protesting party maintains the burden of proof of a preponderance of the evidence.