Penalties for using an illegal construction contract in Florida:
- A $1,000 fine plus court costs can be assessed for failure to include the 3-day right to cancel required by Florida Statutes § 501.031.
- Omission of the construction lien disclosure required by Florida Statutes § 713.015 jeopardizes enforcement of lien rights against anyone adversely affected.
- Omission of the construction industry recovery fund notice required by Florida Statutes § 489.1425 risks a $500 fine for the first offense and a $1,000 fine for second and later violations.
- Failure to include specific disclosures in a home improvement finance contract is a violation of Florida Statutes § 520.73 and requires a credit of all delinquency fees charged plus attorney fees and costs.
- Failure to make federal truth in lending disclosures requires restitution of the overcharge.
- Failure to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Florida contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Florida and federal court decisions.
The contracts linked below comply with the following Florida and federal laws:
- Arbitration -- Florida Statutes § 682.02
- Construction claims -- Florida Statures Chapter 558
- Construction industry recovery fund -- Florida Statutes § 489.1425
- Construction lien law notice -- Florida Statutes § 713.015
- Contracts shortening time -- Florida Statutes § 95.03
- Home improvement finance -- Florida Statutes § 520.73
- Home solicitation contracts -- Florida Statutes § 501.021 to § 501.055
- Implied warranty -- Florida Statutes § 718.203
- Indemnity -- Florida Statutes § 725.06
- Insulation disclosure -- 16 Code of Federal Regulation § 460
- Interest on late payments -- Florida Statutes § 218.735
- No lien contracts -- Florida Statutes § 713.20
- Prompt payment, usury, retainage -- Florida Statutes § 715.12
- Registration or certificate number on contracts -- Florida Statutes § 489.119(5)(b)
- Right of rescission -- 12 Code of Federal Regulation § 226.15
- Statute of limitations -- Florida Statutes § 95.11
- Subcontractor payment bonds -- Florida Statutes § 713.245
- Truth in lending -- 15 United States Code § 1638
- Venue for construction suits -- Florida Statutes § 47.025
Return to Penalties for Illegal Contracts in Florida.
The contracts linked below conform with current Florida and federal court decisions.
The contracts linked below comply with the following Florida and federal court decisions:
- Choice of law -- Kerr Construction v. Peters Contracting, 767 So. 2d 610; 2000
- Claims for delay -- Newberry Square Dev. Corp. v. Southern Landmark, Inc., 578 So. 2d 750, 1991
- Disclaimer of warranty -- McGuire v. The Ryland Group, 497 F. Supp. 2d 1347, 2007
- Indemnity -- Federal Ins. Co. v. Western Waterproofing Co., 500 So. 2d 162, 1986
- Liquidated damages -- Osceola County v. Bumble Bee Construction, Inc., 479 So. 2d 310, 1985
- Pay only if paid -- DEC Electric, Inc. v. Raphael Construction Corp., 558 So. 2d 427, 1990
- Statute of limitations -- Performing Arts Center v. The Clark Construction Group, 789 So. 2d 392; 2001
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