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Legal Updates for Florida Coverage and Property Litigation

Florida Law Changes Roofing Contracts in Effort to Better Inform Consumers - CS/CS/HB 715

Legal Update for Florida Property & Coverage – June 2025

June 1, 2025

by Carolin A. Pacheco

On May 19, 2025, Governor Ron DeSantis signed into law House Bill 715, which amends existing Florida Statutes to introduce new regulations and consumer protections related to roofing services:

  • Expands the scope of work for licensed roofing contractors to include evaluation and enhancement of roof-to-wall connections for structures with wood roof decking provided that any enhancement was properly installed and inspected in accordance with certain requirements.
  • A resident may cancel a roofing contract without penalty within 180 days of an event causing a state of emergency. The option to cancel a roofing contract entered into because of a state of emergency only applies to owners whose property is in the geographic area covered by the state of emergency.
  • Requires contractors to provide notice in contracts for the replacement or repair of residential roofs that states the property owners should contact their insurance provider to confirm coverage and reimbursement of the proposed work before signing the contract.

These changes are codified within Chapter 489, including §§ 489.105 and 489.147, Florida Statutes (2025).

House Bill 715 amends the definition of “roofing contractor” in section 489.105 of the Florida Statutes, specifically broadening the scope of their work to encompass all related tasks, including repair or replacement of wood roof sheathing or fascia; the installation, maintenance and evaluation of roof-to-wall connections, provided that any related work enhancement, which was properly installed and inspected in accordance with the Office of Insurance Regulation uniform mitigation verification inspection form, the Florida Building Code, or project-specific engineering that exceeds these requirements, is done in conjunction with a roof covering replacement or repair. 

The bill further revises the conditions under which residential property owners can cancel roofing contracts without penalty. Specifically, homeowners can cancel contracts within 10 days of execution or the official start date, whichever comes first, if the contract is entered into within 180 days of a declaration of a state of emergency.

Further, the bill introduces new requirements for roofing contracts, mandating that specific language be included and must be not less than 14-point bold font to inform homeowners of their cancellation rights. The new law states that the official start date is defined as the commencement of work, issuance of a final permit or completion of temporary repairs compliant with the Florida Building Code. Finally, contractors are required to provide a statement advising homeowners to verify their homeowner’s insurance coverage for the proposed roofing work before signing the contract. 

The public policy behind this new law is to enhance consumer protections and ensure that homeowners are informed of their rights and responsibilities before entering into roofing contracts. 


 

Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.