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Florida Construction Law News

02APR 2018

Useful Life: A Valuable Theory for Reducing Damages

by Brooke E. Beebe, Esq.

The situation is one all too familiar to construction defect litigants. A homeowner contracts with a roofing contractor to install a new roof with a life expectancy of ten years.[1] After only five years, the homeowner brings a claim for construction defects in the roof alleging that the roof requires complete replacement due to water intrusion. The homeowner seeks damages for the full replacement cost of the roof. However, under a “useful life” theory, the homeowner would not be entitled to damages for the full amount of the replacement cost. Instead, the homeowner would be entitled to one-half of the cost of the replacement roof, taking into account the fact that he or she had been deprived of only five, rather than ten, years of use.

25FEB 2018

Don’t Plead Your Pass-Through CD Claims Out of Coverage

by Ryan M. Charlson, Esq.

Failing to plead damage to other property, even in the face of record evidence supporting damage to other property, can result in a ruling that there is no duty to defend. In Florida, a commercial general liability (“CGL”) insurer’s duty to defend its insured is determined by examining whether the allegations in the complaint against Read More…

15DEC 2017

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

by John A. Chiocca, Esq.

The Florida Supreme Court issued its opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., Case No., SC16-1420, which answered the following certified question from the United States Court of Appeals for the Eleventh Circuit: Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a “suit’” Read More…

16OCT 2017

Certain Contractor Regulations Suspended Following Hurricane Irma

by Rochelle B. Chiocca, Esq.

Due to the damage caused by Hurricane Irma, and as directed by Governor Rick Scott’s Executive Order 17-245, the Florida Department of Business and Professional Regulation (“DBPR”) issued an Emergency Order, Order 2017-07396, on September 15, 2017, relaxing certain regulations in the thirty-seven Florida counties that are listed in FEMA’s Disaster Declaration DR-4337.  DBPR’s secretary, Read More…

19SEP 2017

Understanding Alabama’s Statutes of Limitations and Repose for Construction Projects

by Clay H. Whittaker, Esq.

Alabama’s statutes of limitations and repose are alive and well! Cole, Scott & Kissane, P.A. (“CSK”) recently prevailed on a Motion for Summary Judgment—and in defending the plaintiff’s subsequent appeal to the Supreme Court of Alabama—arguing that the plaintiff’s (an Association) lawsuit against a construction subcontractor was barred as untimely under both of Alabama’s statute of limitations and statute of repose.

10JUL 2017

Latest Blower Door Regulations Now Effective

by Ryan M. Charlson, Esq.

As part of Florida’s increasing efforts to achieve energy efficiency in new construction, changes have been made to the methodology of measuring dwelling air leakage and tolerable measurements. In June 2015, the Florida Legislature amended Section 553.998, Florida Statutes, to require additional testing for newly constructed buildings to verify air leakage figures. Residential construction must now undergo a Mandatory Residential Air Infiltration (“Blower Door”) Test. Florida companies were granted a two-year “grace period” to allow the construction industry to prepare and plan for the changes, which became effective on July 1, 2017.

07APR 2017

Professional Negligence in Construction: Which Statute of Limitations Applies?

by Stephen W. Stukey, Esq.

It is a fairly common fact pattern in construction defect claims: A design professional, such as an architect or engineer, is contracted by a client to provide a design, and perhaps perform construction administration for, an improvement to real property. Construction is completed, and everything seems fine for four or more years until the client asserts defects and deficiencies that implicate the services of the design professional. Upon further investigation, it appears the client knew of the alleged defects and deficiencies for at least two years before filing suit for professional negligence. The question invariably arises, “are the claims barred by the statute of limitations?”

02OCT 2016

Stealthy Arbitration Clauses In(Deed)

by Jennifer E. Lulgjuraj, Esq.

Subcontractors beware — the “boilerplate” arbitration clauses in those standard-form subcontracts used by large scale homebuilders may be broader, and ultimately more costly, than you realize. It is not unusual for a builder to require a homebuyer to arbitrate construction defect claims. Likewise, it is not unusual for a builder to include within its standard-form Read More…

17AUG 2016

Eleventh Circuit Considers Whether the Chapter 558 Process Is a “Suit”

by Matan A. Scheier, Esq.

Recently, in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., the United States Court of Appeals for the Eleventh Circuit addressed an issue of first impression.[1] In Altman, the Eleventh Circuit evaluated whether an insurer has a duty to defend and indemnify an insured who receives a Notice of Claim pursuant to Chapter 558, Florida Statutes (“Notice of Claim”). The Southern District of Florida previously ruled that a Notice of Claim did not constitute a suit, and thus, does not trigger a duty to defend and indemnify. The insured then appealed that ruling to the Eleventh Circuit, which ruled that the terms “suit” and “civil proceeding,” as found in the subject Commercial General Liability (CGL) insurance policies, may be ambiguous as used in the policies.[2] Due to important public policy considerations, the Eleventh Circuit certified the following question to the Florida Supreme Court: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’ within the meaning of the GCL policies issued by C&F to ACI?”[3]

01JUL 2016

Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor Licensure

by Clay H. Whittaker, Esq.

In Brock v. Garner Window & Door Sales, Inc.,[1] Florida’s Fifth District Court of Appeal rejected a novel attempt to circumvent Florida’s well-established four-year statute of limitations for all actions founded on the construction of an improvement to real property.  Plaintiff filed a lawsuit alleging breach of contract as a result of water intrusion damage Read More…