1 | The Insurance Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to construction contracts; creating s. |
7 | 627.442, F.S.; specifying acceptance of certain insurance |
8 | provisions of a construction contract under certain |
9 | circumstances; providing exceptions; prohibiting certain |
10 | actions after acceptance of such provisions; providing an |
11 | exception authorizing such actions under certain |
12 | circumstances; authorizing contractors or subcontractors |
13 | to reject certain accepted construction contract insurance |
14 | provisions as nonconforming under certain circumstances; |
15 | authorizing such contractors and subcontractors to |
16 | withhold payment for work performed or materials supplied |
17 | under certain circumstances; providing an effective date. |
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19 | Be It Enacted by the Legislature of the State of Florida: |
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21 | Section 1. Section 627.442, Florida Statutes, is created |
22 | to read: |
23 | 627.442 Construction contract insurance provisions; |
24 | acceptance, rejection, or application.-- |
25 | (1) If a written construction contract requires a |
26 | subcontractor, sub-subcontractor, or materialman to provide an |
27 | insurance policy or certificate of insurance to the general |
28 | contractor or another subcontractor for work performed or |
29 | materials provided, which extends coverage rights to an |
30 | additional insured, the general contractor or subcontractor is |
31 | deemed to have accepted the insurance policy or certificate of |
32 | insurance as conforming to the written construction contract |
33 | unless the general contractor or subcontractor rejects the |
34 | insurance policy or certificate of insurance in writing within 3 |
35 | business days after receipt of the insurance policy or |
36 | certificate of insurance. The written rejection must specify the |
37 | reason for rejection. However, the general contractor or |
38 | subcontractor may not be deemed to have accepted an insurance |
39 | policy or certificate of insurance that does not comply with the |
40 | insurance coverage limits specified in the construction |
41 | contract, that was knowingly and fraudulently altered, or that |
42 | reflects coverages or conditions that are not contained in the |
43 | underlying policy. |
44 | (2) After a general contractor or subcontractor accepts an |
45 | insurance policy or certificate of insurance or is deemed to |
46 | have accepted the insurance policy or certificate of insurance, |
47 | a general contractor or subcontractor may not use the lack of |
48 | conforming insurance as a reason to reject work previously |
49 | completed by a subcontractor or sub-subcontractor, reject |
50 | materials previously supplied by a materialman, or withhold |
51 | payment for work previously completed or materials previously |
52 | supplied. However, the general contractor or subcontractor may |
53 | reject work previously completed or materials previously |
54 | supplied or withhold payment for such work or materials if the |
55 | policy or certificate provided by the subcontractor, sub- |
56 | subcontractor, or materialman: |
57 | (a) Does not comply with the insurance coverage limits |
58 | specified in the construction contract; |
59 | (b) Was knowingly and fraudulently altered or reflects |
60 | coverages or conditions that are not contained in the underlying |
61 | policy; or |
62 | (c) Is cancelled, nonrenewed, or materially and adversely |
63 | altered during the term of the construction contract. |
64 | (3) Subsection (1) does not preclude a general contractor |
65 | or subcontractor from rejecting as nonconforming an insurance |
66 | policy or certificate of insurance previously accepted or deemed |
67 | to have been accepted; however, such a rejection shall be in |
68 | writing and shall specify the reason for rejection. A general |
69 | contractor or subcontractor who rejects in writing an insurance |
70 | policy or certificate of insurance as nonconforming and states |
71 | the specific reason for such rejection may withhold payment for |
72 | the work performed or materials supplied after the date of the |
73 | rejection of the policy or certificate. |
74 | Section 2. This act shall take effect July 1, 2006. |