Brett J. Moritz and Ali Heyat | Peckar & Abramson Effective July 1, 2026, Florida’s newly enacted Section 489.1295 of the Florida Statutes, titled “Prohibition Against Nonpayment,” requires licensed contractors to timely compensate subcontractors and suppliers for labor, services, or materials. Enacted as part of Senate Bill 290 (Ch. 2026-3, Laws of Fla.), the statute… Continue reading New Florida Law Adds Licensing Risk to Contractor/Subcontractor Payment Disputes
Tag: Florida
Lien on Me? Not So Fast: Unit Owners Defeat Association Contractor’s Lien
Allison Nelson and Ryan Owen | Adams & Reese Earlier this month, Florida’s Second District Court of Appeal recognized the rights of individual condominium unit owners to challenge mechanic’s liens and stripped the lien of a contractor who failed to follow the strict procedural requirements governing lien enforcement. Background The Steins own a condominium unit… Continue reading Lien on Me? Not So Fast: Unit Owners Defeat Association Contractor’s Lien
Florida’s Sixth DCA Signals Stricter Enforcement of Expert Disclosure Deadlines
Meagan C. Nicholson | GreenspoonMarder For decades, Florida litigators have looked to Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), when addressing late-disclosed witnesses and expert opinions. Under Binger, the exclusion analysis generally centered on prejudice to the opposing party, along with the ability to cure that prejudice, the potential disruption of trial, and… Continue reading Florida’s Sixth DCA Signals Stricter Enforcement of Expert Disclosure Deadlines
Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
John Whelan | Shutts & Bowen For years, Florida contractors have understood that failing to pay a subcontractor could result in a construction lien dispute or a breach of contract action. Beginning July 1, 2026, however, the stakes became significantly higher. With the enactment of section 489.1295, Florida Statutes, the Legislature has transformed certain payment disputes… Continue reading Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
One-Sided Game: Florida Supreme Court Limits Defense Role in Punitive Damages Motions
J. Richard Caldwell, Jr. | Rumberger | Kirk In Perlmutter v. Federal Ins. Co., No. SC2024-0058, 2026 WL 1689765 (Fla. June 11, 2026), the Supreme Court of Florida unanimously rejected the decision of the Florida 4th District Court of Appeal In Perlmutter v. Federal Ins. Co., 376 So.3d 24 (Fla. 4th DCA 2023). The specific issue concerned plaintiff’s burden in showing… Continue reading One-Sided Game: Florida Supreme Court Limits Defense Role in Punitive Damages Motions