1 | A bill to be entitled |
2 | An act relating to construction contracts; creating s. |
3 | 627.442, F.S.; specifying acceptance of certain insurance |
4 | provisions of a construction contract under certain |
5 | circumstances; providing exceptions; prohibiting certain |
6 | actions after acceptance of such provisions; providing an |
7 | exception authorizing such actions under certain |
8 | circumstances; authorizing contractors or subcontractors |
9 | to reject certain accepted construction contract insurance |
10 | provisions as nonconforming under certain circumstances; |
11 | authorizing such contractors and subcontractors to |
12 | withhold payment for work performed or materials supplied |
13 | under certain circumstances; prohibiting rejecting certain |
14 | policies of insurance on certain grounds; specifying |
15 | nonapplication of construction contract insurance |
16 | provisions under certain circumstances; providing |
17 | construction; providing definitions; providing for |
18 | application to certain contracts; creating s. 627.443, |
19 | F.S.; prohibiting certain persons from requiring workers' |
20 | compensation policies to be issued by certain entities |
21 | under certain circumstances; providing effective dates. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Section 627.442, Florida Statutes, is created |
26 | to read: |
27 | 627.442 Construction contract insurance provisions; |
28 | acceptance, rejection, or application.-- |
29 | (1) If a written construction contract requires a |
30 | subcontractor, sub-subcontractor, or materialman to provide an |
31 | insurance policy or certificate of insurance to the general |
32 | contractor or another subcontractor for work performed or |
33 | materials provided, which extends coverage rights to an |
34 | additional insured, the general contractor or subcontractor is |
35 | deemed to have accepted the insurance policy or certificate of |
36 | insurance as conforming to the written construction contract |
37 | unless the general contractor or subcontractor rejects the |
38 | insurance policy or certificate of insurance in writing within |
39 | 30 business days for commercial construction projects and 7 |
40 | business days for residential construction projects after |
41 | receipt of the insurance policy or certificate of insurance. The |
42 | written rejection must specify the reason for rejection. |
43 | However, the general contractor or subcontractor may not be |
44 | deemed to have accepted an insurance policy or certificate of |
45 | insurance that does not comply with the insurance coverage |
46 | limits specified in the construction contract, that was |
47 | knowingly and fraudulently altered, or does not accurately |
48 | reflect the coverages contained in the policy in force. |
49 | (2) After a general contractor or subcontractor accepts an |
50 | insurance policy or certificate of insurance or is deemed to |
51 | have accepted the insurance policy or certificate of insurance, |
52 | an owner, general contractor, or subcontractor may not use the |
53 | lack of conforming insurance as a reason to reject work |
54 | previously completed by a subcontractor or sub-subcontractor, |
55 | reject materials previously supplied by a materialman, or |
56 | withhold payment for work previously completed or materials |
57 | previously supplied. However, the general contractor or |
58 | subcontractor may reject work previously completed or materials |
59 | previously supplied or withhold payment for such work or |
60 | materials if the policy or certificate provided by the |
61 | subcontractor, sub-subcontractor, or materialman: |
62 | (a) Does not comply with the insurance coverage limits |
63 | specified in the construction contract; |
64 | (b) Was knowingly and fraudulently altered or does not |
65 | accurately reflect the coverages contained in the policy in |
66 | force; or |
67 | (c) Is canceled, nonrenewed, or materially and adversely |
68 | altered such that the policy or certificate no longer satisfies |
69 | contract requirements. |
70 | (3) Subsection (1) does not preclude a general contractor |
71 | or subcontractor from rejecting as nonconforming an insurance |
72 | policy or certificate of insurance previously accepted or deemed |
73 | to have been accepted; however, such a rejection shall be in |
74 | writing and shall specify the reason for rejection. A general |
75 | contractor or subcontractor who rejects in writing an insurance |
76 | policy or certificate of insurance as nonconforming and states |
77 | the specific reason for such rejection may withhold payment for |
78 | the work performed or materials supplied after the date of the |
79 | rejection of the policy or certificate. |
80 | (4) This section shall not apply if at the time of the |
81 | request for proposals or bids, or prior to the subcontractor, |
82 | sub-subcontractor, or materialman commencing work or supplying |
83 | materials under the construction contract, the general |
84 | contractor or subcontractor provides a sample of an acceptable |
85 | certificate of insurance or a one-page schedule accurately |
86 | reflecting all insurance requirements which extend coverage |
87 | rights to an additional insured for that contract to the |
88 | subcontractor, sub-subcontractor, or materialman and the |
89 | insurance provided by the subcontractor, sub-subcontractor, or |
90 | materialman does not comply with the construction contract. A |
91 | schedule or sample certificate of insurance issued under this |
92 | subsection shall not be deemed to amend or modify the contract |
93 | between the parties in any way or to waive any requirement of |
94 | the contract unless the schedule or certificate expressly states |
95 | that such an amendment, modification, or waiver is intended. |
96 | (5) For purposes of this section, term: |
97 | (a) "Residential construction project" means the |
98 | construction, remodeling, repair, or improvement of a one- |
99 | family, two-family, or three-family residence not exceeding two |
100 | habitable stories above no more than one uninhabitable story, |
101 | and accessory-use structures in connection therewith. |
102 | (b) "Commercial construction project" means any |
103 | construction, remodeling, repair, or improvement that does not |
104 | constitute a residential construction project. |
105 | (6) This section shall apply to contracts entered into on |
106 | or after October 1, 2006. |
107 | Section 2. Effective July 1, 2006, section 627.443, |
108 | Florida Statutes, is created to read: |
109 | 627.443 Workers' compensation policy |
110 | limitations.--Notwithstanding any other provision in this |
111 | chapter, any person requiring a workers' compensation policy |
112 | pursuant to a construction contract shall not require such |
113 | policy to be issued by an insurer or self-insurance fund that is |
114 | rated by a nationally recognized insurance rating service, |
115 | provided the issuing insurer or self-insurance fund is subject |
116 | to part V of chapter 631. |
117 | Section 3. Except as otherwise expressly provided in this |
118 | act, this act shall take effect October 1, 2006. |