Call us: 305.350.5300

Florida Construction Law News

19FEB 2015

CSK’s Legislative Update – House Bill 501

by David S. Harrigan, Esq.

In addition to HB 87 / SB 418, CSK also continues to monitor the progress of House Bill (“HB”) 501, entitled “Limitation of Actions,”  as it makes its run through the 2015 session of the Florida legislature.  The objective of HB 501 is to alter the current state of Florida law regarding the time within Read More…

18FEB 2015

CSK’s Legislative Update – House Bill 87/Senate Bill 418

by Christie Bredahl

Florida’s 2015 Legislative session kicks off on Tuesday March 3, 2015. This Legislative session CSK’s Construction Law Division is closely tracking the following bills: • House Bill (“HB”) 87 titled Construction Defect Claims and a similar bill, Senate Bill (“SB”) 418; and • HB 501 titled Limitations of Actions. These bills, if passed, will impact Read More…

06NOV 2014

State Court Finds Florida’s Workers’ Compensation Statute Unconstitutional

by Todd A. Macleod, Esq.

Judge Jorge E. Cueto, sitting in the Eleventh Judicial Circuit in Miami-Dade County, Florida, recently found the Florida Workers’ Compensation Act, as amended effective October 1, 2003, does not provide a “reasonable alternative remedy to the tort remedy it supplanted.” Padgett v. State of Florida, No. 11-13661-CA-25 (view the Padgett opinion). This ruling declares the 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…

31MAY 2013

Legislative Update: Bills To Alter Florida’s Construction Lien Law Dies In Committee

by Stephen W. Stukey, Esq.

Earlier this month, the Florida Legislature wrapped up its 2013 Regular Session. With its close on May 3, 2013, came the demise of legislation intended to make changes to Florida’s construction lien laws.  The legislation sought to: Revise the mandatory notice provision in contracts between owners and contractors [F.S. § 713.015 (1)]; Revise notice requirements Read More…

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…

25APR 2013

Design Professional Limitation of Liability Law Approved by Governor

by Christie Bredahl

The Design Professional Limitation of Liability Act, that we have been following and discussing here and here, outlined in the version of SB 286 that ultimately passed both the Senate and House has been approved by Governor Scott.  Governor Scott signed the act on April 25th.  The act creates § 558.0035, Florida Statute, and will 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…

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…