Amicus Brief Update: October 2024

On
RIA Advocacy

The RIA recently achieved a significant advocacy victory for the restoration industry by filing an amicus brief in a Florida court case that had critical implications for contractors.

The case involved a restoration contractor who was denied payment for mitigation services performed on properties damaged by Hurricane Irma because the trial court ruled that a general contractor's license was required for the work, deeming it an "improvement" to the property, according to the Florida statute.

The RIA challenged the court’s overly broad interpretation of the term "improvements," arguing that essential restoration services like water extraction and dehumidification should not require a building contractor’s license. In the amicus brief, the RIA highlighted how such a ruling would create unnecessary barriers to entry for restoration professionals, as these services are fundamentally different from construction work.

The Third District Court of Appeal recognized and agreed with the RIA's arguments, ruling that basic cleaning services, water extraction, and mitigation activities do not require a general contractor’s license according to the statute language. 

Excerpt from the Third District Court of Appeal ruling: "In its brief, RIA contends the trial court’s broad interpretation of the statute would have a severe and draconian impact on the restoration industry not intended by the Legislature. Specifically, it would impose a barrier to entry—requiring a building contractor’s license—for basic cleaning services or water extraction or mitigation activities, which is not textually supported by the plain language of the statute. We agree." 

This decision represents a major win for the restoration industry, ensuring that contractors can continue providing essential services without facing undue hurdles.

The court's explicit acknowledgment of the RIA’s advocacy efforts underscores the organization’s important role in protecting the interests of restoration professionals.