Scherer v. Villas Del Verde Homeowners Ass'n

NORTHCUTT, Judge.

The circuit court determined that Clark H. Scherer, III, the qualifying agent for a contractor, failed in his statutory obligation to supervise the contractor’s construction of the Villas Del Verde townhome project. The court entered a judgment against Scherer for damages stemming from defects in the construction. But the Florida Supreme Court has held that a qualifying agent’s failure to perform his statutory duty does not give rise to a private cause of action against him. We therefore reverse the final judgment against Scherer.

The Villas Del Verde is a sixty-two-unit…