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Florida Construction Law News

21NOV 2012

Insurer’s Total Pollution Exclusion Valid According to U.S. Southern District of Florida Court

by CSK Construction Group

Due to the use of Chinese drywall in construction projects, there has been an advent of class action litigation against contractors and suppliers of Chinese drywall for personal injuries and property damage.  Recently, insurers have started the process to deny coverage for the contractors who installed Chinese drywall. Since the mid‐1980s virtually all Commercial General Read More…

05NOV 2012

Florida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair

by David S. Harrigan, Esq.

Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees.  The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or Read More…

24OCT 2012

The Benefits of Written Arbitration Agreements in an Online World

by Sherry Schwartz

In an increasingly digital and cost-conscious business environment, many companies in the construction industry may desire to provide its terms and conditions for dispute resolution in arbitration to its customer electronically by posting those terms on the Internet, rather than providing a hard copy of same. This practice may also enable businesses to achieve better Read More…

16OCT 2012

Massive Cost Overruns at World Trade Center Project – Unfortunate Situation for Contractors on a Meaningful Project

by Sanaz Alempour

Thousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks.  Although the construction of the World Trade Center project is not nearly complete, the construction of the One World Trade Center, a 104-story building, has begun to fill the 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…

13SEP 2012

A Federal Court Takes Soft Stance on Offensive Language and Conduct on Construction Sites

by Daniel Duello

Often times, sexual harassment in the workplace involves a male employee making inappropriate comments or gestures to another female employee. However, a construction site is a unique working environment and workers, unfortunately, use foul language and act inappropriately towards each other, as well as bystanders passing by the construction site.  Recently, a male construction worker 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…

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…