Improved Construction Practices Committee (ICPC)
The Purpose of the Improved Construction Practices Committee of Florida
The Roster of ICPC Committee Members
Pending Threat of Devastating Florida Lien Law Change
Florida's construction lien law works the way it should about 99% of the time, bringing projects to successful completion with payment to those who made them possible. It is one of the most well-thought-out and structured laws in the country that's well balanced between the industry and consumers to preserve rights if certain steps are taken, while providing consumers with a proper payment defense. Subs and suppliers, however, need to be aware that all of that could change.
Although a small percentage of consumers still end up with unpaid liens on their property, it is enough for incoming Florida House Speaker Richard Corcoran, who told the construction industry that homeowners should not be responsible for paying subs or suppliers. Corcoran wants to eliminate their lien rights on most residential construction.
"If such a provision were passed into law, suppliers would be forced to sell directly to a project owner, as this would be the only way to maintain lien rights," said a credit manager for a large supplier in the Florida market. This in turn would increase the burden on private residential owners, as they'd have to apply for the credit and buy directly from the supplier.
Such a law would negatively impact small residential contractors. Ultimately, this legislation could severely limit the number of residential builders, driving the cost up for potential homeowners. Although Florida's NACM Improved Construction Practices Committee (ICPC) has discussed the issue with the incoming speaker, it has not received an affirmative response to the solutions or alternate suggestions proposed. The incoming speaker is one of the most powerful speakers Florida will have in a long time, which means if he chooses to pursue such a change in the laws, he might be successful.
Is there a legislative bill to fight? No. Is there language to support or oppose? No. The industry needs to prepare for the unexpected-a political play that Florida's industry will have to respond to when it surfaces and with little time to mobilize. It's a new game, and the stakes are high.
- Deborah E. Lawson, lobbyist for the NACM-ICPC of Florida
Small Claims Court Guide
Information about the "Guide To Florida Small Claims Court Procedures" Book
Overview of Florida's Construction Lien Law Book
Order form for above book by Barry Kalmanson, Esq.