Whether contractors must check for land instability on their projects comes up often. The answer depends on Florida laws, contract terms and industry norms. No single rule applies to all cases, but a mix of legal duties and real-world facts shapes the issue. 

What Florida law says

Florida law does not require contractors to check land stability before starting work. Chapter 489 of the Florida Statutes controls contractor licensing and work, focusing on building quality rather than pre-project site checks. Courts usually give property owners or developers the job of testing soil or ground conditions unless a contract shifts this duty. For example, in Moransais v. Heathman (1999), the Florida Supreme Court clarified that experts, such as engineers, not contractors, typically handle site stability tests. Contractors must follow the plans and specifications they receive. 

Role of contract terms

Contracts mainly decide what a contractor must do. If an agreement asks for site condition checks, the contractor must do them. Many standard Florida building contracts, such as those from the American Institute of Architects (AIA), put site study duties on owners or hired experts. When contracts don’t mention land instability, people often assume owners or designers have checked the site. 

Consider these common cases:  

• Plans assume stable soil, and contractors build as directed.  
• Obvious instability occurs during work, causing a work stoppage and incident report.  
• Contracts include clauses that require contractors to inspect the land.  

These examples show how duties shift based on agreements and what people see. 

Practical realities in Florida

Even without a legal need, checking for soil instability matters in Florida. The state’s sandy soils and storm-prone climate raise the risks of land instability. Contractors who spot and report issues may lower their risk while ignoring apparent problems could lead to negligence claims under Florida’s reasonable care standard. In such cases, communication between contractors, owners and engineers is often key in resolving problems. 

Key takeaway

Under Florida law, contractors usually have no inherent duty to check for land instability unless contracts say so. Still, noting site conditions and quickly reporting concerns is what most people expect. Whether hiring or building, anyone involved in a project benefits from reviewing contracts and asking for expert help on construction law.