[CLC-Discussion] 489 Question

Thu Jan 18 07:12:36 PST 2018

From my position (not having to defend anything) I would say no, provided the developer is using “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.”

It is confusing because the first part, “that offers to sell or sells completed residences on property” appears to speak of only finished homes, while the second part clearly describes constructing a home.

Thus, we have an internally inconsistent rule (good job drafters – a lawyer full-employment rule!) and you pick your poison. If the developer is not designating the specific contractor (the choice is left to the buyer later) then at the time of contract signing, it is impossible to put any license number on the contract. If the developer has a list of captive (preferred) contractors that the buyer must choose from, then I’d list them all by name and number.

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law
Florida Civil-law Notary
Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031   Fax (352) 373-9099
http://npw-law.com<http://npw-law.com/>

[npw-logo-circle-orange-medium][ConstructionLaw small logo]    [http://www.boyd-jenerette.com/blog/wp-content/uploads/2012/05/nacln12.gif]                          This communication is intended for the sole use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law.  If the reader of this communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it.  Thank you.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Thursday, January 18, 2018 9:35 AM
To: Mason, W <WMason at foxrothschild.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] 489 Question

Under the “better safe that sorry” principle, I would put it on there. There’s no downside to that that I see.

In a strict sense, if the contract is signed before construction is complete, it’s probably fairly considered a contract for construction and the license number would be required. If the contract is signed after the house is finally complete/punched out/move in ready, and no work is being done to the house under the sales contract, it’s perhaps just a contract for the sale of a house, but that a gray, porous, and dangerous line to rely on.

[http://cp.idgroupbranding.com/wp-content/uploads/2016/02/logo.png]

Bruce D. Partington
Shareholder • Board Certified in Construction Law

PO Box 13010, Pensacola, FL 32591-3010

O (850) 432.1399 C (850) 982.3875 F (850) 432.7340

clarkpartington.com | <http://clarkpartington.com/> bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> |

Clark Partington

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Mason, W
Sent: Wednesday, January 17, 2018 7:21 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] 489 Question

Hi All,

I am working on a research project for a client. A question that has come up is whether there is any requirement to have a contractor registration or certification number listed on a purchase agreement between a single family home builder and the purchaser of a single family home.

489.119(5)(b) provides that “the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting.”

The “developer exemption” in 489.105(6) states that “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 have been or will be retained for the purpose of constructing or completing such residences.”

Assume the client qualifies for the developer exemption. Since a purchase agreement between a developer and a purchaser of a residence isn’t a contract used by a contractor in the practice of contracting, my initial opinion was that the statutes are pretty clear, and because developers aren’t “contracting,” there is no party to the purchase agreement between the developer and purchaser that could constitute a “contractor” practicing “contracting” where there needs to be a registration/certification number pursuant to 489.119.

Am I missing anything here? The answer seems pretty easy but the client is worried that it needs to have a contractor certification or registration number on every purchase contract and has asked me to triple check. If a developer has retained a contractor to build the homes sold by the developer to the purchaser is there some other authority that requires the developer to list the contractor’s license number on the purchase contract even though the contractor is not a party to the purchase agreement and is only retained by the developer and not the purchaser?

Thanks for any input.

This email contains information that may be confidential and/or privileged. If you are not the intended recipient, or the employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any contents in this email. If you have received this email in error, please immediately notify the sender at Fox Rothschild LLP by replying to this email and delete the original and reply emails. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20180118/51e81198/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 4268 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20180118/51e81198/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 1831 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20180118/51e81198/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 1895 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20180118/51e81198/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 3018 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20180118/51e81198/image008-0001.jpg>