Mold and leak detection contractors at Restoration Association of Florida and Air Quality Assessors, LLC have filed an appeal of a lower court judge’s decision to dismiss their lawsuit alleging that a change to attorney-fee regulations for contractors is unconstitutional. Continue reading about suit and how you can get real estate litigation help in Florida.
New Attorney-Fee Regulations For Florida Contractors
In May 2022, the Restoration Association of Florida and Air Quality Assessors, LLC filed a lawsuit against the state’s Construction Industry Licensing Board and the Secretary of the Florida Department of Business and Professional Regulation for making changes to attorney-fee regulations that violate contractors’ rights to due process, equal protection, and court access.
On August 29, Leon County Circuit Florida Contractors Appeal Judge J. Lee Marsh dismissed the lawsuit, siding with the state in a ruling that didn’t address the constitutionality of the law but rather suggested the defendants named were not in an adequate position to be the subject of this particular complaint. The judge suggested that because the Secretary and the Licensing Board had no ability to enforce the law that they were not “proper defendants,” and dismissed the case.
Understanding Prevailing Party Fees
Many homeowners choose to pay contractors with something known as the “assignment of benefits.” This refers to insurance benefits that the homeowners forfeit to the contractors working on their project, who then take the claim up with the insurer to be settled.
This often ends up being as complex as it sounds and many contractors are left litigating these cases to secure payment for their work. Insurance companies will often deny payment or the release of benefits to contractors for various reasons, forcing contractors to sue. Now, Florida’s changes to prevailing party fee restrictions mean contractors can’t recover the cost of these lawsuits if an insurance company decides not to make good.
When to Call a South Florida Real Estate Litigation Lawyer
Real estate and construction litigation can be complicated and expensive. No matter what side of the issue you are on, you need a veteran South Florida real estate attorney who can guide you through each step of the legal process. Contact attorney Joseph Hughes at (954) 256-5125 for a consultation or to learn more about how Florida’s new attorney-fee restrictions might impact you, your family, or your business. We are available now to take your call.