Florida Residential Construction Contract
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Browse the Web for residential construction contracts and you'll see braggadocio
about some boilerplate contract being "legal in all 50 states."
Claims like this show up on Web sites run by savvy people with good credentials
but who should know better. If you've been working as a Florida contractor for a
while, you know how foolish it is for any vendor to claim their residential construction
contract forms are "legal in all 50 states."
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Every state has the right to set unique requirements for construction contracts.
And Florida certainly has.
You can take this to the bank: Florida residential construction contract forms are
unique. No residential construction contract form from any other state meets Florida
requirements.
Construction contract law varies from state to state the same way income tax law
varies from state to state. Imagine the reaction if you tried to file a New York
or Florida income tax return with the Montana Department of Revenue. You'd probably
be breaking the law in two states.
Even if you aren't concerned about fines and jail time, consider the impact if you
get into a dispute before collecting final payment. The attorney for your client
won't be impressed with your "legal in all 50 states" contract. More likely, you'll
discover that the contract is either partially or totally unenforceable under Florida
law. Game over! You lose. Run, don't walk, to the nearest exit. You're not going
to collect another dime on that contract. If opposing counsel is charitable, you'll
escape discipline from the state board. Persist and you'll get an invitation to
do the perp walk at a state hearing.
When you see the claim, "legal in all 50 states," I recommend thinking "probably
not legal in any state." The latter is far more likely than the former.
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