HB 0173CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to construction contracts; creating s.
7627.442, F.S.; specifying acceptance of certain insurance
8provisions of a construction contract under certain
9circumstances; providing exceptions; prohibiting certain
10actions after acceptance of such provisions; providing an
11exception authorizing such actions under certain
12circumstances; authorizing contractors or subcontractors
13to reject certain accepted construction contract insurance
14provisions as nonconforming under certain circumstances;
15authorizing such contractors and subcontractors to
16withhold payment for work performed or materials supplied
17under certain circumstances; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 627.442, Florida Statutes, is created
22to read:
23     627.442  Construction contract insurance provisions;
24acceptance, rejection, or application.--
25     (1)  If a written construction contract requires a
26subcontractor, sub-subcontractor, or materialman to provide an
27insurance policy or certificate of insurance to the general
28contractor or another subcontractor for work performed or
29materials provided, which extends coverage rights to an
30additional insured, the general contractor or subcontractor is
31deemed to have accepted the insurance policy or certificate of
32insurance as conforming to the written construction contract
33unless the general contractor or subcontractor rejects the
34insurance policy or certificate of insurance in writing within 3
35business days after receipt of the insurance policy or
36certificate of insurance. The written rejection must specify the
37reason for rejection. However, the general contractor or
38subcontractor may not be deemed to have accepted an insurance
39policy or certificate of insurance that does not comply with the
40insurance coverage limits specified in the construction
41contract, that was knowingly and fraudulently altered, or that
42reflects coverages or conditions that are not contained in the
43underlying policy.
44     (2)  After a general contractor or subcontractor accepts an
45insurance policy or certificate of insurance or is deemed to
46have accepted the insurance policy or certificate of insurance,
47a general contractor or subcontractor may not use the lack of
48conforming insurance as a reason to reject work previously
49completed by a subcontractor or sub-subcontractor, reject
50materials previously supplied by a materialman, or withhold
51payment for work previously completed or materials previously
52supplied. However, the general contractor or subcontractor may
53reject work previously completed or materials previously
54supplied or withhold payment for such work or materials if the
55policy or certificate provided by the subcontractor, sub-
56subcontractor, or materialman:
57     (a)  Does not comply with the insurance coverage limits
58specified in the construction contract;
59     (b)  Was knowingly and fraudulently altered or reflects
60coverages or conditions that are not contained in the underlying
61policy; or
62     (c)  Is cancelled, nonrenewed, or materially and adversely
63altered during the term of the construction contract.
64     (3)  Subsection (1) does not preclude a general contractor
65or subcontractor from rejecting as nonconforming an insurance
66policy or certificate of insurance previously accepted or deemed
67to have been accepted; however, such a rejection shall be in
68writing and shall specify the reason for rejection. A general
69contractor or subcontractor who rejects in writing an insurance
70policy or certificate of insurance as nonconforming and states
71the specific reason for such rejection may withhold payment for
72the work performed or materials supplied after the date of the
73rejection of the policy or certificate.
74     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.