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Florida Construction Law News

14JUL 2016

What are the Potential Damages when a House is a Lemon?

by Ryan M. Charlson, Esq.

It seems that lemons are front page news these days.   Beyonce just released a chart-topping[1] album all about what to do when life hands you lemons. In today’s vernacular, we use the term “Lemon” to describe a person or thing that is unsatisfactory, disappointing, or feeble.[2] In Florida, there is a “Lemon Law” that provides a way for consumers to receive a replacement or full refund for vehicles found to have defects which may affect the vehicle’s safety, value or use.

15JUN 2016

Striking Building Code “Experts”

by John A. Chiocca, Esq.

  The Third District Court of Appeal recently addressed the admissibility of expert testimony in a case involving the Florida Building Code (the “Building Code” or the “Code”), including the existence of any legal duty created under the Code, in Fuentes v. Sandel, Inc.[1]   The underlying claim involved an unharnessed worker who fell through a Read More…

01JUN 2016

Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

by Sanjo S. Shatley, Esq.

On July 20, 2015, diplomatic relations were officially restored between the U.S. and Cuba. Since that date, a number of significant political events have taken place. First, the U.S. reopened its embassy in Cuba on August 14, 2015. Next, on January 26, 2016, offices of the U.S. Departments of the Treasury and Commerce announced new Read More…

09SEP 2015

Amendments to Chapter 558 Become Effective on October 1, 2015

by Daniel R. Duello

On June 16, 2015, Governor Rick Scott signed into law House Bill 87, which amends Chapter 558 of the Florida Statutes.  The amendment takes effect October 1, 2015. The intent of Chapter 558 is to avoid the commencement of an action by providing a mechanism for the parties to enter into discussions with one another Read More…

27JUL 2015

Construction Law Update: Date of Final Payment Integral in Evaluating Applicability of the Statute of Repose

by Christie Bredahl

The Fifth District Court of Appeal of the State of Florida recently issued an opinion in Cypress Fairway Condominium Association, Inc. v. Bergeron Construction Co., Inc., No. 5D13-4102, 2015 WL 2129473 (Fla. 5th DCA May 8, 2015), directly addressing the issue of when a construction contract is complete for purposes of determining if a lawsuit Read More…

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…

12APR 2013

SCHOOL OF CLAIMS SEMINAR

by CSK Construction Group

SCHOOL OF CLAIMS SEMINAR April 25 – 26, 2013 JW Marriott Orlando Grande Lakes Resorts MARK YOUR CALENDAR! Cole, Scott & Kissane is pleased to announce that on April 26, 2013, we will be once again hosting a complimentary Claims Management Seminar at the beautiful JW Marriott Orlando Grande Lakes Resort, 4040 Central Florida Parkway, Read More…

22DEC 2012

Construction Group Win

by Daniel E. Levin, Esq.

David Salazar and Daniel Levin of Cole, Scott & Kissane’s construction law group recently obtained a final judgment against 9 Plaintiffs in the defense of a roofing contractor awarding the Plaintiffs zero of the $211 million in damages they alleged they sustained as a result of certain alleged construction defects and deficiencies on several commercial Read More…

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…

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…