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Florida Construction Law News

14JAN 2015

11th Circuit Finds No Coverage for Shipbuilder under Marine Engineering Firm’s A&E Policy

by Christie Bredahl

On December 24, 2014, the United States Court of Appeals for the Eleventh Circuit published an opinion finding no coverage for a shipbuilder under a marine engineering firm’s Architect’s and Engineer’s professional liability insurance policy.  Atlantic Marine Florida, LLC, et al. v. Evanston Ins. Co., et al., No. 13-11342 (to view the opinion please click Read More…

26MAY 2014

Construction Law Success Story: Summary Judgment for Civil Engineer in Professional Malpractice 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 summary judgment on behalf of a civil engineer in a professional malpractice claim.

03MAY 2013

“Daubert” Standard for Expert Testimony in Florida?

by Daniel Klein

For years, Florida has been one of only 10 states that follow the “Frye” standard relating to the admission of expert testimony at trial. This may be changing, as a Florida Senate Panel recently advanced Senate Bill 1412 that would change the standards by which Florida judges admit expert testimony. The proposed bill, which is 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…

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…

23JAN 2013

Liability Releases with Warranty Repairs – A Proactive Defense

by Daniel E. Levin, Esq.

Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier for a subrogation claim after the Developer and Contractor entered into a release with the Association pursuant to certain warranty repairs. The appellate court affirmed the decision of the Read More…

10DEC 2012

The “Fiscal Cliff” and the Construction Industry

by CSK Construction Group

After a spirited election season and as we wind down toward the end of the year, the elected officials in Washington D.C. are in the midst of a strong debate regarding the tax increases and budget cuts that will begin in 2013.  Although the impact is largely debatable, discussions about the “fiscal cliff” are rampant Read More…

28SEP 2012

CSK Trial Win

by CSK Construction Group

George Truitt and Daniel Levin recently defended an architect and his firm against a claim by a homeowner relating to the design of the HVAC system in an 8,000 square foot, custom home on the Intracoastal Waterway in Miami, Florida.  The owner claimed that the system was deficiently designed so that it was not able Read More…

01AUG 2012

The Slavin Doctrine is Alive and Well – Ask CSK’s Clients!

by CSK Construction Group

Cole, Scott and Kissane (“CSK”) recently won two very significant personal injury cases arising from construction projects on behalf of design professionals based on the Slavin Doctrine.  The Slavin doctrine prevents an injured Plaintiff from holding a contractor liable for injuries caused by a patent, or obvious, defect in construction after control of the property Read More…

17JUL 2012

Appellate Rights for Arbitration Litigants

by Daniel Klein

            As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many construction matters are litigated in arbitration fora. While arbitration is theoretically not as expensive a means of dispute resolution as the Read More…