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Florida Construction Law News

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…

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…

19APR 2012

Contractor’s Home Office Overhead Likely Unrecoverable

by CSK Construction Group

When public construction projects are delayed by the government, contractors are often unable to bid on additional jobs and perform other work during the delay period. As a result, contractors often seek damages from the government for extended home office overhead during this delay, commonly referred to as Eichleay damages. However, courts have continually limited contractors’ ability to recover these costs by imposing burdensome requirements, which Read More…

17APR 2012

Difficulties a Contractor Faces When Dealing with Change Work

by David Salazar, Esq.

The Magazine of University of Florida’s School of Building Construction recently published an article written by David Salazar. The article is a primer on the difficulties a contractor faces when dealing with change order work. Additionally, the article sets forth the inevitable problems a contractor encounters and provides some risk management tips that can help Read More…

12APR 2012

No Common Law Implied Warranty of Habitability Applies to Surrounding Structures That “Essentially Service” A Home

by George Truitt, Jr., Esq.

The Florida Legislature recently passed legislation that is very favorable for developers. More specifically, the legislation appears to eliminate future exposure of developers to claims for common law implied warranties of fitness and merchantability related to subdivision improvements of roads, drainage systems, retention ponds and underground pipes surrounding homes. In mid-March 2012, the Florida House of Representatives passed Read More…

10APR 2012

An Alleged Breach of a Promise to Deliver a Completed Condominium Is Measured From the Date of Filing A Surveyor’s Certificate of Substantial Completion, Not the Certificate of Occupancy

by George Truitt, Jr., Esq.

Developers must take precaution when making promises regarding completion of construction, especially in light of new Florida case law holding that a claim against a developer for breach of promise to deliver a completed condominium is measured from the date of filing a surveyor’s certificate of substantial completion and not the certificate of occupancy. In Tranquil Harbour Dev., LLC v. BBT, LLC, 79 So. 3d 84 Read More…

05APR 2012

A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete

by George Truitt, Jr., Esq.

Is the cause of action for Contribution still a viable claim? A recent federal court suggested that Contribution between comparatively at-fault parties is no longer a viable claim in light of the availability of comparative fault defenses to liability. In Mendez-Garcia v. Galaxie Corp., 8:10-CV-788-T-24 EAJ, 2011 WL 5358658 (M.D. Fla. Nov. 3, 2011), the Read More…

03APR 2012

Independent Engineering Firms Hired To Evaluate A Design-Build Contractor’s Work Had No Special Duty Toward That Design-Build Contractor

by George Truitt, Jr., Esq.

A Florida federal court recently issued a favorable decision for design professionals holding that design professionals do not automatically owe a duty or obligation towards design build contractors. In Recreational Design & Const. Inc. v. Wiss, Janney, Elstner Associates, Inc., 10-CV-21549, 2011 WL 5117163 (S.D. Fla. Sept. 20, 2011), a design-build contractor sued independent engineering firms Read More…

29MAR 2012

Competitive Bidding Statute Potentially Violated By Offer of Design Professional To Pay a $60,000 Commission on a Real Estate Brokerage Contract

by George Truitt, Jr., Esq.

A Florida federal court recently construed Florida’s competitive bidding statute to include an offer by a design professional to pay real estate commissions. Design professionals must be aware that various incentives offered in connection with professional services may expose the design professional to liability under the competitive bidding statute. In Community Maritime Park Associates, Inc. v. Mar. Park Dev. Read More…

27MAR 2012

Sixty Years of Potential Liability? – Long Term Contracts and Florida’s Statute of Repose

by George Truitt, Jr., Esq.

Design-Build Operation and Maintenance Concession Agreements through public-private partnerships are becoming more common for major infrastructure improvement projects. Florida courts have recently ruled that design professionals and contractors participating in the design-build portion of those types of projects may be exposed to several decades of exposure to liability after their respective services and work have Read More…