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Florida Construction Law News

03AUG 2016

Florida Appellate Court Limits Prejudgment Interest Claims

by Rochelle B. Chiocca, Esq.

The First District Court of Appeal recently addressed the standard to apply in calculating prejudgment interest. In Arizona Chemical Company, LLC. v. Mohawk Industries, Inc., 41 Fla. L. Weekly D1662 (Fla. 1st DCA July 18, 2016), the First District found that the trial court erred in awarding prejudgment interest for periods earlier than the dates the Plaintiff “suffered the pecuniary losses for which the jury awarded damages.”

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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.

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01JUL 2016

Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor Licensure

by Clay H. Whittaker, Esq.

In Brock v. Garner Window & Door Sales, Inc.,[1] Florida’s Fifth District Court of Appeal rejected a novel attempt to circumvent Florida’s well-established four-year statute of limitations for all actions founded on the construction of an improvement to real property.  Plaintiff filed a lawsuit alleging breach of contract as a result of water intrusion damage Read More…

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…

16MAY 2016

Complex Business Litigation Court Upholds Design Professional’s Duty Defense under AR Moyer, Post-Tiara

by David Salazar, Esq.

David Salazar, Esq., a partner in Cole, Scott & Kissane’s (“CSK’s”) Construction Group, recently filed and argued a Motion for Judgment on the Pleadings (the “Motion”) on behalf of a threshold inspector in a complex, multi-party construction lawsuit. The general contractor on the project sued CSK’s client for, among other things, professional negligence. The claimed Read More…

02MAY 2016

CSK Construction Group Prevails in Another Jury Trial

by George Truitt, Jr., Esq.

Cole, Scott & Kissane, P.A. (“CSK”), is pleased to announce another significant win after a three and one-half week jury trial in Key West, Florida, where George Truitt, Esq., and Daniel Levin, Esq., defended a general contractor (the “Contractor”) in a suit filed by a condominium association (the “Association”). In 2007 and 2008, the Contractor Read More…

15APR 2016

Federal Court Recently Finds No Coverage Under “Your Work” Exclusion

by Ryan M. Charlson, Esq.

The United States District Court for the Middle District of Florida recently rendered a decision in Auto-Owners Insurance Company v. Elite Homes, Inc.[1] addressing the duty to defend when a “your work” exclusion exists in Commercial General Liability (CGL) policy. In Elite Homes, Joseph and Emily Crozier sued Elite Homes, Inc. (“Elite”) in state court Read More…

01APR 2016

Risks to Consider When Entering into a Coblentz Agreement

by Albert Li, Esq.

When entering into a consent judgment that purports to assign rights under an insurance policy, both the assignee and insurer should be cautious of various issues that could preclude coverage. Some of these issues include whether the insured was an additional insured under the policy, whether the judgment is for damage/loss covered under the policy, Read More…

07MAR 2016

Don’t Plead Your Pass-Through CD Claims Out of Coverage

by Ryan M. Charlson, Esq.

Failing to plead damage to other property, even in the face of record evidence supporting damage to other property, can result in a ruling that there is no duty to defend. In Florida, a commercial general liability (“CGL”) insurer’s duty to defend its insured is determined by examining whether the allegations in the complaint against Read More…