Trent Cotney, Partner, Adams and Reese LLP
In May 2024, Governor Ron DeSantis signed a number of bills into law and among them was HB 939. This bill addresses several consumer protection concerns, including agreements between residential property owners and roofing contractors.
Roofers who contract with homeowners to repair or replace their roofs must be aware that homeowners now have new protections if the agreement was made based on events that have been declared a state of emergency by the governor. Under such conditions,
they are allowed 10 days to cancel that contract after signing it or until the official start date, whichever date comes first, without penalty or obligation.
In addition, contractors who execute roofing contracts during a declared state of emergency must include the following language in bold type, no less than 18 points in size:
You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, because this contract was entered into during a declaration of a state of emergency by the Governor. The official start date is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.
This statement must appear in the contract or as an attachment and be placed immediately before the space intended for the homeowner’s signature.
If the homeowner wishes to cancel, notice must be sent via certified mail with a return receipt requested or by another form of mail that provides proof of delivery to the address listed in the contract.
This legislation will make it more challenging for roofers to ensure their customers honor their contracts. They will be under pressure to appease their customers and start work as quickly as possible. Giving homeowners the ability to cancel their contracts can be risky for roofers who are relying on a certain amount of work, especially after a natural disaster.
In contrast, customers will have the ability to change their minds – or contract with another roofer – without penalty, clearly giving them the upper hand.
The law went into effect on July 1, 2024.
If you are contracting with homeowners based on events deemed a state of emergency, it is imperative that you follow the contractual obligations outlined in this new law. Given that there are a variety of statutory warnings already required under Florida law, you can simply add this new warning to your existing sheet.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and FRSA General Counsel. For more information, you can contact Trent at 813-337-5501 or trent.cotney@arlaw.com.
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