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Florida Construction Law News

16MAY 2016

Complex Business Litigation Court Upholds Design Professional’s Duty Defense under AR Moyer, Post-Tiara

by David Salazar, Esq.

David Salazar, Esq., a partner in Cole, Scott & Kissane’s (“CSK’s”) Construction Group, recently filed and argued a Motion for Judgment on the Pleadings (the “Motion”) on behalf of a threshold inspector in a complex, multi-party construction lawsuit. The general contractor on the project sued CSK’s client for, among other things, professional negligence. The claimed Read More…

05MAY 2015

Update on CSK Appellate Construction Win dated January 15, 2015

by Brooke E. Beebe, Esq.

We are pleased to report yet another appellate victory in a case George Truitt and Greg Willis of the firm’s Construction Group tried and Scott Cole and George Truitt of the firm’s Appellate Group defended on appeal.

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.

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.

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…

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…

24APR 2012

Insulating Design Professional from Individual Liability

by CSK Construction Group

Since the mid 1980s, the design professional community relied upon Florida Power & Light Company v. Mid-Valley, Inc., 763 F. 2d 1316 (11th cir. 1985) as an accurate statement of Florida law allowing individual design professionals to limit their liability for professional negligence by contract. The design professional world was turned on its head with Read More…