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Florida Construction Law News...

07MAY 2020

I'm Sorry Ms. Jackson, I [Sovereign Immunity] am For Real

by: Greggory Jacobs, Esq.
The Supreme Court of Florida issued its opinion in Florida Highway Patrol v. Jackson, 2020 Fla. LEXIS 108 (Fla. Jan 23, 2020), which answered the following certified question of great public importance: Does rule 9.130 [(A)(3)(C)(XI)] permit an appeal of a non-final order denying immunity if the record shows that the defendant is entitled to Read More...
14APR 2020

“Vaccinating” Your Construction Business: An Ounce of Prevention is Worth a Pound of Cure

by: Kéran Billaud, George Truitt, Jr., Esq.
On April 3, Florida Governor Ron DeSantis issued Executive Order 20-91, the Safer At Home Order, restricting all “movements and personal interactions outside of [the] home to only those necessary to obtain or provide essential services or conduct essential activities” through April 30.  The effects may be far-reaching for Florida’s construction industry.  In 2018, Florida’s Read More...
06MAR 2020

Potential Changes to Chapter 558, Florida Statutes

by: Robert L. Newsom, Esq.
In an effort “to promote efficient resolution of claims and reduce litigation,” Florida House Bill 295 (related Senate Bill 1488), introduced in October 2019, contains major changes to Florida’s construction defect law, Chapter 558, Florida Statutes. Most notably, the proposed legislation removes an association as a claimant under the statute; requires that all settlement funds Read More...
23JAN 2019

The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds

by: Callie E. Waers, Esq.

The United States Court of Appeals, Fourth Circuit, recently took a close look at the application of a “controlled insurance program exclusion” (wrap-up exclusion) to additional insureds on a commercial general liability policy. In Cont’l Cas. Co. v. Amerisure Ins. Co., 886 F.3d 366 (4th Cir. 2018), the Fourth Circuit examined the interplay of an Read More...
17DEC 2018

Homeowners’ Negligence Claims against Builder Bears Significant Relationship to Construction Contracts and Are Therefore Arbitrable

by: Zachary A. Landes, Esq.

Recently, in Vanacore Construction, Inc. v. Osborn, 2018 Fla. App. LEXIS 18068, 2018 WL 6579205, the 5th District Court of Appeal determined that a homeowners’ claims against a builder for construction defects bore a significant relationship to the parties’ construction contracts. Therefore, the claims were arbitrable pursuant to the broadly worded arbitration provision of the Read More...
29NOV 2018

Construction Defect Claim Not Timely Filed

by: Todd A. Macleod, Esq.

If construction defect claims are not timely filed, Florida Statutes provide design and construction companies with a formidable defense. As a case in point, a Miami-Dade Circuit Court Judge issued an Order granting summary judgment based on Fla. Stat. § 95.11(3)(c), Florida’s Statute of Limitations governing actions founded on alleged construction defects. In Covenant Baptist Read More...
01OCT 2018

Chapter 558, Commencing an Action, and the Statute of Repose

by: Robert L. Newsom, Esq.

Prior to the Fourth District Court of Appeal’s recent decision in Robert Gindel, et al. v. Centex Homes, et al., 43 Fla. L. Weekly D2112d (Fla. 4th DCA Sept. 12, 2018), Florida courts had not directly addressed the issue of whether the mandatory pre-suit notice for construction defects under Chapter 558 qualifies as an “action,” Read More...
15SEP 2018

Owner Liability in the Context of Construction: Seeking to Circumvent Workers' Compensation in Favor of Tort Liability

by: Grayson Miller, Esq.

Despite the best safety practices implanted con construction jobsites, injuries occasionally occur during construction.  If contractors are properly insured with workers’ compensation coverage, all contractors on the job site should be protected from tort liability via horizontal and vertical workers’ compensation immunity.  See Fla. Stat. § 440.10(1)(e).  Workers’ compensation immunity has been held to be Read More...
31AUG 2018

Statute of Limitations: Triggers in Design Cases

by: Zachary A. Landes, Esq.

The Florida Supreme Court is grappling with a determination of jurisdiction on a matter that arises out of a construction and design deficiency claim from Palm Beach County, Florida. In the state court action, Inlet Marina of Palm Beach, LTD. (“Inlet”) filed suit against Sea Diversified, Inc. (“SDI”), the engineer of record for the design Read More...
02AUG 2018

CSK Attorney Ryan M. Charlson Earns Board Certification in Construction Law

by: Joseph R. Marzilli, Esq.

Cole, Scott & Kissane, P.A. (“CSK”) is pleased to announce that Attorney Ryan M. Charlson has been recognized by The Florida Bar as a Board Certified Specialist in Construction Law. According to The Florida Bar, Board Certification is the highest level of evaluation of competency and experience within an area of law, as well as professionalism Read More...