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Florida Construction Law News

05MAY 2014

The Florida Supreme Court Limits the Statute of Limitations: Caduceus Properties v. William Graney

by Ryan M. Charlson, Esq.

The Florida Supreme Court’s recent decision in Caduceus Properties v. William Graney, et al.[1] limits the applicability of the Statute of Limitations to a primary Plaintiff attempting to file a direct claim against a previously named Third-Party Defendant. The case addressed the timeliness of an Amended Complaint with a direct claim against a Third-Party Defendant Read More…

26JAN 2014

Statute of Limitations and Statute of Repose in Florida Construction Law Matters

by Thomas Shea

Florida’s Second District Court of Appeal recently issued an opinion changing the burden under Florida’s Statute of Repose for a party to demonstrate that a lawsuit based on the “design, planning, or construction of an improvement to real property” was barred for not being filed within the allotted period of time. § 95.11(3)(c), Fla. Stat. Read More…

27AUG 2012

A Tale of Two Districts: Florida Courts Split on the Application of Relation Back To Add Third Party Defendants As Direct Defendants After Expiration of the Statute of Limitations

by Stephen W. Stukey, Esq.

The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect reveals that the alleged deficiencies, if true, relate to the work of its sub-consultants (or in the case of a General Contractor his subcontractors). The Read More…

25MAY 2012

S.O.L on Claims Against Subcontractors for Latent Defects

by Ryan M. Charlson, Esq.

The case of Joel and Marcia Hochberg v. Thomas Carter Painting, Inc., 36 Fla.L. Weekly D1200f, addresses the point of time at which the statute of limitations begins to run in latent defects cases.  In 2000, homeowners, Joel and Marcia Hochberg, hired a general contractor to construct a new home for them, and the general contractor 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…