768.0425
Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.
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768.0425 Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.—
(1) For purposes of this section only, the term “contractor” means any person who contracts to perform any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633; and the term “consumer” means a person who contracts for the performance of any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633.
(2) In any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney’s fees if the contractor is neither certified as a contractor by the state nor licensed as a contractor pursuant to the laws of the municipality or county within which she or he is conducting business.
History.—ss. 12, 16, ch. 87-310; s. 21, ch. 88-149; ss. 22, 23, ch. 88-156; s. 1159, ch. 97-102.
Note.—Former s. 489.5331.
Notes of Decisions
Cited in 7
cases, 1994–2015 · leading case: Murthy v. Sinha Corp.
Murthy v. Sinha Corp. (1994)
“In 1988, legislators moved this provision to section 768.0425 and, thereby, removed from chapter 489 any reference to a private cause of action against a contractor.”
John Hancock-Gannon Joint Venture II v. McNully (2001)
“the fact that section 768.0425 is part of Chapter 768, which is entitled “Negligence,” and sections 768.”
Taylor Morrison Services, Inc. v. Ecos (2015)
“Thus, they are irrelevant to the narrow issue of whether Appellant was licensed on that date, and the penalty for Appellant’s violations of the law is not treble damages and attorneys’ fees under section 768.0425. Accordingly, we reverse and remand for entry of a final judgment…”
Salinas v. Medina (2009)
“The plaintiff also claimed the contractor was unlicensed and therefore was liable for damages pursuant to section 768.0425, Florida Statutes (2005).”
Soleil Shutters, Inc. v. Martinez (2000)
“§ 768.0425, Fla. Stat. (1999); HTP, Ltd. v.”
Dabasse v. Reyes (2007)
“Although Reyes attempts to save the verdict by suggesting that pursuant to section 768.0425, Florida Statutes (2005), the trial court has the authority to award up to three times the actual compensatory damages proven, that statutory section was never mentioned in the pleadings…”
Home Construction Management, LLC v. Comet, Inc. (2013)
“Comet sued, in relevant part, for disgorgement of overcharges and treble damages under section 768.0425(2), Florida Statutes (2007).”
— 768.0425(2) — 3 cases
John Hancock-Gannon Joint Venture II v. McNully (2001)
“the fact that section 768.0425 is part of Chapter 768, which is entitled “Negligence,” and sections 768.”
Taylor Morrison Services, Inc. v. Ecos (2015)
“Thus, they are irrelevant to the narrow issue of whether Appellant was licensed on that date, and the penalty for Appellant’s violations of the law is not treble damages and attorneys’ fees under section 768.0425. Accordingly, we reverse and remand for entry of a final judgment…”
Home Construction Management, LLC v. Comet, Inc. (2013)
“Comet sued, in relevant part, for disgorgement of overcharges and treble damages under section 768.0425(2), Florida Statutes (2007).”
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