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Florida Construction Law News

13AUG 2012

Keeping Claims Files Confidential: “Work-Product” Privilege for Construction Claims Handling

by CSK Construction Group

The vast majority of construction disputes do not begin with the filing of formal litigation.  In fact, Florida Statute § 558.004 protects against any “first-notice” lawsuits by requiring that notice and an opportunity to cure any alleged defect be given prior to the pursuit of formal litigation.  Of course, as part of any pre-suit investigation, 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…

17JUL 2012

Appellate Rights for Arbitration Litigants

by Daniel Klein

            As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many construction matters are litigated in arbitration fora. While arbitration is theoretically not as expensive a means of dispute resolution as the Read More…

02JUL 2012

Preserving Coverage Defenses – The Latest Word

by CSK Construction Group

For an insurer, numerous obligations are triggered upon notification of the existence of a claim.  One of these is when a coverage defense can be asserted.  The United States Court of Appeals for the Eleventh Circuit recently clarified that in order to raise valid coverage defenses and steer clear of preventable pitfalls, insurers must be Read More…

14JUN 2012

Subpoenas in Arbitration: Not as Easy as One Would Think

by CSK Construction Group

Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in lieu of litigation or as a condition precedent to trial.  Arbitration is a preferred means of alternative dispute resolution as it minimizes the time and expense of litigation and, in some cases, a jury trial.  One example of costs Read More…

05JUN 2012

Bid Shopping Still in Vogue, Ask the Subcontractor

by Samuel Padua, Esq.

            The crude reality for most construction subcontractors is that after expending much time, effort and resources in preparing the lowest bid for a general contractor that is, itself, bidding a construction project, the general contractor will take the lowest subcontractor bid and go bid shopping after it is awarded the contract. A subcontractor’s conditional Read More…

29MAY 2012

Is the Futility Doctrine Futile?

by David Salazar, Esq.

The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their clients – occasionally contrary to what appears just and fair.  However, from time to time, the courts step up and 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…

13MAY 2012

When It’s Necessary to Present Expert Testimony of Industry Standard to Establish the Standard of Care in Negligence Actions: The Case of the Roofer

by Daniel E. Levin, Esq.

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion which has, in essence, confirmed the steps necessary in establishing a negligence action against a roofer in Florida.  While the standard of care necessary to prove whether a roof was negligent is a seemingly simple, everyday legal concept, proving it up Read More…

07MAY 2012

The Dark Side of Building Green

by Kevin C. Schumacher, Esq.

Building green is the practice of reducing the negative effects construction has on the environment by increasing the efficiency with which buildings use and consume resources (energy, water, and materials). In addition to reducing the impact the building has on the environment, green building is also intended to reduce the project’s impact on human health Read More…