Call us: 305.350.5300

Florida Construction Law News

19JAN 2015

CSK APPELLATE CONSTRUCTION WIN

by David S. Harrigan, Esq.

We are pleased to announce another significant appellate victory for Cole, Scott, & Kissane P.A.’s Appellate Practice Group.  Scott Cole, Esq. and George Truitt, Esq. obtained an affirmance of a complete defense verdict in favor a traffic engineer in a wrongful death case arising from a tragic motor vehicle accident at a signalized intersection that resulted in the death of Read More…

04DEC 2014

Construction Law Success Story: Judgment Denying Lien Foreclosure Claim

by David S. Harrigan, Esq.

The Florida law firm of Cole, Scott & Kissane, P.A. recently obtained a judgment following an October 2014 bench trial in Miami, Florida, completely denying the Plaintiff’s construction lien foreclosure claim.

15JUL 2014

Eleventh Circuit Affirms No Coverage for Cost to Repair Damage Caused by Subcontractor’s Defective Work

by George Truitt, Jr., Esq.

The Eleventh Circuit Court of Appeals continues to find favorably for commercial general liability (CGL) carriers on coverage for damage to the completed project caused by the defective work of subcontractors. On July 11, 2014, the Eleventh Circuit decided J.D.B. Construction, Inc. v. Mid-Continent Casualty Company, No. 13-10138 (11th Cir. Jul. 11, 2014) (view the Read More…

26MAY 2014

Construction Law Success Story: No Liability Arbitration Award for Bridge Contractor in Negligence Case

by Thomas Shea

Cole, Scott, & Kissane P.A.‘s Construction Practice Group is proud to announce a very significant result it recently obtained for a client. Specifically, the firm’s construction law attorneys recently obtained a no liability / zero liability finding in a multi-million dollar arbitration in Ft. Myers on behalf of a bridge contractor in a negligence case.

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…

30OCT 2013

Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve

by David Salazar, Esq.

The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda Homes dealt with whether a developer’s common law implied warranty of fitness and merchantability extends to initial purchasers of residential property for Read More…

29AUG 2013

Construction Law Trial Win: Complete Defense Verdict in Nine-Week Construction Defect 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 Dan Levin) obtained a complete defense verdict in a hotly-contested construction defect case after nine weeks of trial. The trial commenced on May 10, 2013, and finished on August 2, 2013.

23AUG 2013

David Salazar, George Truitt, and Kevin Schumacher Designated as Board Certified Specialists in Construction Law

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that three of its construction law attorneys, David Salazar, George Truitt, and Kevin Schumacher, recently received Board Certification in Construction Law from the Florida Bar. According to the Florida Bar, Board Certification is the highest level of evaluation of competency and Read More…

17JUL 2013

Contractor Successfully Defends Fee Award – Offers of Judgment: How to oppose prevailing party fees pursuant to §768.79 and Rule 1.442(c)(3)

by Sherry Schwartz

Florida law provides a conduit to obtain prevailing party fees where there is no other statutory or contractual basis to seek them.  This tool is generally referred to and recognized as an “Offer of Judgment” and/or “Proposal for Settlement”, as codified in Florida Statute §768.79 and Florida Rule of Civil Procedure 1.442(c)(3).  Both Plaintiffs and 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…