General Contractors and Nondelegable Duties in Florida

In Florida, general contractors often oversee construction projects by hiring subcontractors for specialized work. When construction defects arise, general contractors may attempt to pass liability to subcontractors. However, Florida law, reinforced by case law such as Mills v. Krauss, is increasingly recognizing the nondelegable duty of supervision that general contractors owe to property owners.

This growing legal trend suggests that general contractors may be precluded from apportioning fault to subcontractors and from claiming common law indemnity, especially when found not "wholly without fault." Recent rulings, including a Duval County decision and Pickell v. Lennar Homes, LLC, highlight how courts are leaning toward placing the full scope of liability on general contractors.

This trend poses significant challenges for contractors seeking to manage risk and shift responsibility, potentially benefiting both property owners and subcontractors. Contractors may need to adjust their contracts and supervisory roles to navigate this evolving legal landscape.