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Florida Construction Law News

07FEB 2014

Construction Sites: Debris or Not Debris?

by Brooke E. Beebe, Esq.

The recent decision in Skala v. Lyons Heritage Corp., et al., 38 Fla L. Weekly D2485b (Fla. 2d DCA Nov. 27, 2013), provides a cautionary tale to contractors regarding maintaining construction sites. Robert Skala, a tile setter, was asked by Lyons Heritage Corp., the general contractor, to provide an estimate to correct tile work in Read More…

05NOV 2013

Construction Law Trial Win: Complete Defense Verdict in Seven Day Jury Trial

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that two of its construction lawyers (George Truitt and Greg Willis) obtained a complete defense verdict in a seven day jury trial in Miami-Dade County. Cole, Scott & Kissane P.A. represented a geotechnical engineer who was sued for professional malpractice by Read More…

16OCT 2013

Alternative Dispute Resolution (ADR): Arbitration in Construction Contracts

by Thomas Shea

When problems arise during a construction project, there are a few options that may help guide the parties to a resolution. For example, the parties may engage in informal settlement discussions, onsite arbitration conference, consult with neutral third-parties identified in construction contracts, or attend informal mediation, likely also established through the construction agreement. If the Read More…

07JUL 2013

Economic Damages Post-Tiara

by Daniel Duello

As we have previously written about here, the Florida Supreme Court has recently narrowed the scope of the economic loss rule in Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399, 407 (Fla. 2013).    In summary, the Court receded from prior rulings to the extent that they have applied the Read More…

11JUN 2013

Notices to Owner Under Florida’s Lien Statute

by CSK Construction Group

Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are not paid for the work that has been performed.   Under Florida Statute § 713.06, if the contractor is not in privity with the owner, the contractor must give notice to the owner Read More…

25APR 2013

Design Professional Limitation of Liability Law Approved by Governor

by Christie Bredahl

The Design Professional Limitation of Liability Act, that we have been following and discussing here and here, outlined in the version of SB 286 that ultimately passed both the Senate and House has been approved by Governor Scott.  Governor Scott signed the act on April 25th.  The act creates § 558.0035, Florida Statute, and will Read More…

22APR 2013

CSK’s Capitol Report – Update on the Design Professional Limitation of Liability Bills

by Christie Bredahl

As we have previously posted, we have been closely monitoring Senate Bill (“SB”) 286 and House Bill (“HB”) 575, which have moved quickly through their respective committees and chambers with little opposition.  On March 27, 2013, the Senate passed SB 286 by a 37 to 1 vote.  SB 286 was then substituted in place of HB Read More…

09APR 2013

Economic Loss Rule – A Narrowed Approach

by CSK Construction Group

The Florida Supreme Court has finally taken the Economic Loss Rule head-on and has attempted to address an issue that has created much litigation.   On March 7, 2013, the Court released its opinion in the case of Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. , 2013 WL 828003, significantly narrowing the application Read More…

04MAR 2013

CSK’s Capitol Report – Senate Bill 286; House Bill – 575

by Christie Bredahl

Florida’s 2013 Legislative session kicks off tomorrow, Tuesday March 5, 2013. This legislative session, CSK’s Construction Law Division is closely following Senate Bill (“SB”) 286 titled Design Professionals and its identical companion bill in the House, House Bill (“HB”) 575.  Both bills were introduced and filed in January of 2013.  The bills intend to alter the Read More…

05NOV 2012

Florida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair

by David S. Harrigan, Esq.

Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees.  The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or Read More…