In Willis A. Smith Construction, Inc. v. Keathley, No. 2D2025-1900, the Florida Second District Court of Appeal addressed whether a general contractor could claim workers’ compensation immunity after a worker was injured while visiting a project site before submitting a subcontractor bid. The case arose from a University of South Florida restoration project. The general contractor argued that the injured worker’s employer had effectively been “sublet” part of the contractor’s work and that the contractor should receive statutory employer immunity under Florida’s workers’ compensation statute. The court disagreed.
The court held that the invitation to bid did not create a subcontract or pass any contractual obligation from the general contractor to the potential subcontractor. The invitation did not guarantee the work, did not specify a binding scope, did not provide consideration beyond the right to submit a bid, and did not state that the bidder’s proposal would become part of the contractor’s required price proposal. The court also emphasized that even a submitted bid does not create a contract unless the general contractor accepts it. Because the worker was injured while preparing a bid, and the company never submitted one, the court affirmed the denial of the contractor’s workers’ compensation immunity argument.
👉 Takeaway: This decision is a reminder that pre-bid communications, job walks, site visits, and invitations to bid do not automatically create subcontractor status or workers’ compensation immunity. General contractors should be careful when inviting potential subcontractors, vendors, or consultants onto a project site before a subcontract is awarded. If the contractor wants to control risk during pre-bid site visits, it should use clear site-access language, require proof of insurance where appropriate, document that no subcontract has been awarded, and confirm that each visitor remains responsible for its own employees. Contractors should not assume that workers’ compensation immunity applies merely because the injured person worked for a company that was considering bidding on the project.
