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Florida Construction Law News

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A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete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