Recent Florida Statute May Be Impacting Your Roofing Contracts

Recent Florida Statute May Be Impacting Your Roofing Contracts

Written By Written By Erica Amor

Are your roofing contracts susceptible to becoming void? Amendments and additions to Florida Statutes can shape the way a business operates.  Contractors should be in the habit of keeping their contracts up to date with current statutory terms to ensure enforceability.  Less than a year ago, the enactment on property insurance claim reform[1] added Section 489.147 to Chapter 489 under Construction Contracting, which provides prohibited property insurance practices addressed to contractors.

More specific to roof contractors performing roof repairs or replacement, those contracts require a notice to the residential property owner that the contractor may not offer the residential property owner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or any other thing of value in exchange for: (1) allowing the contractor to conduct an inspection of the residential property owner’s roof; or (2) making an insurance claim for damage to the residential property owner’s roof.  Fla. Stat. §489.147(5)[2].  A contractor’s failure to include such notice in their contracts, may subject the contract to become void by the residential property owner after ten (10) days of execution.

Ensuring your contracts are in compliance with Florida Statutes will help eliminate the risk of losing potential clients and keep your business operations in order.  We encourage contractors engaged in the roofing industry to have their contracts reviewed frequently by a construction attorney.

[1] 2021 Bill FL S.B. 76 (effective July 1, 2021).

https://www.flsenate.gov/Session/Bill/2021/76/BillText/er/PDF 
[2] Fla. Stat. §489.147 Prohibited property insurance practices.  (5) A contractor may not execute a contract with a residential property owner to repair or replace a roof without including a notice that the contractor may not engage in the practices set forth in paragraph (2)(b).  If the contractor fails to include such notice, the residential property owner may void the contract within 10 days after executing it. 

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