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Florida Construction Law News

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…

22MAR 2012

Florida Legislature Cracks Down on Unlicensed Practice of Mold Assessors and Mold Remediators

by Daniel E. Levin, Esq.

Starting on July 1, 2011, the Florida Legislature began the full enforcement of the unlicensed practice of mold assessors and mold remediators.  This means that anyone holding themselves out to be a mold assessor or mold remediator needs to be licensed through the Department of Business and Professional Regulation (“DBPR”) before he or she can Read More…