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Construction Law Authority / licensing  / Do You Have Your License for Home Inspections and Mold Assessing or Remediating?

Do You Have Your License for Home Inspections and Mold Assessing or Remediating?

 

I’m sure by now all of you are aware of the new licensing codes governing home inspections and mold assessors and remediators. They became effective July 1, 2010. Section 468.83, Florida Statutes, governs licensing of home inspectors and section 468.84 governs mold-related services.

Contractors licensed under Chapter 489 of the Florida Statutes are not qualified to provide home inspection, mold assessment or mold remediation services unless they hold those respective licenses. The same is true for building inspectors, architects and engineers.

 

Sections 468.83 and 468.84 and the statutes that are part of those codes, impose certain requirements. For instance, home inspectors must provide the consumer a written disclosure of the scope and exclusions of the inspection pursuant to §468.8321 and must maintain a CGL policy of at least $300,000 pursuant to §468.8322. Mold assessors must maintain general liability and errors and omissions coverage in an amount at least $1,000,000. Mold remediators must maintain CCL coverage in at least that same amount and must specifically include coverage for mold related claims. §468.8421, Florida Statutes. Mold assessors are not permitted to perform remediation on a structure on which his or her company provided an assessment within the last year and the reciprocal is true for mold remediators participating in assessments. §468.8419.

 

Many contractors, building inspectors, architects and engineers have been providing home inspection services and mold assessment and remediation services for years. But now that these new licensing requirements have kicked in, continue performing those services without a license at your own risk!

Lee Weintraub

Lee Weintraub

lweintraub@bplegal.com

At age 46, Lee Weintraub was the youngest recipient ever of the Lifetime Achievement Award from the Florida Bar’s Construction Law Committee. Mr. Weintraub is also an adjunct professor of law at Nova Southeastern University Shepard Broad College of Law teaching construction law. Mr. Weintraub has been recognized by Chambers USA – America’s Leading Business Lawyers every year since 2003. Chambers USA noted he focuses on licensing and construction defect litigation, but is particularly renowned for his expertise in the Construction Lien Law. He was also selected in the The Best Lawyers in America© every year from 2006 through 2018.

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