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Florida Construction Law News

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…

26APR 2012

Time’s up!: Florida Supreme Court may Consider Statute of Limitations Dispute in Multi-Party Construction Defect Claim

by Alejandro Perez

Time’s up! That’s never a phrase we want to hear. It evinces memories of school tests and entrance exams. Well, in the legal arena, deadlines are all the more critical. Litigants often fight over filing deadlines for cases, or statutes of limitation, in the prosecution and defense of claims. Most recently, the First District Court Read More…

05APR 2012

A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete

by George Truitt, Jr., Esq.

Is the cause of action for Contribution still a viable claim? A recent federal court suggested that Contribution between comparatively at-fault parties is no longer a viable claim in light of the availability of comparative fault defenses to liability. In Mendez-Garcia v. Galaxie Corp., 8:10-CV-788-T-24 EAJ, 2011 WL 5358658 (M.D. Fla. Nov. 3, 2011), the Read More…

03APR 2012

Independent Engineering Firms Hired To Evaluate A Design-Build Contractor’s Work Had No Special Duty Toward That Design-Build Contractor

by George Truitt, Jr., Esq.

A Florida federal court recently issued a favorable decision for design professionals holding that design professionals do not automatically owe a duty or obligation towards design build contractors. In Recreational Design & Const. Inc. v. Wiss, Janney, Elstner Associates, Inc., 10-CV-21549, 2011 WL 5117163 (S.D. Fla. Sept. 20, 2011), a design-build contractor sued independent engineering firms Read More…