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Florida Construction Law News

22JAN 2016

Attorney’s Fees Constitute Covered “Court Costs”

by David S. Harrigan, Esq.

In Mid-Continent Casualty Company v. James T. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA Dec. 31, 2015), Florida’s Fifth District Court of Appeal recently held that attorney’s fees awarded to a Plaintiff in a construction defect action against an insured contractor were covered under a supplementary payment provision in a commercial general liability Read More…

29DEC 2015

CSK Successfully Defends Design and Consulting Services Firm against Civil Rights Claim

by David S. Harrigan, Esq.

Keith Lambdin and Dean Meyers successfully obtained an order granting a motion to dismiss, with prejudice, in federal court on behalf of a design professional and consulting services client. Our client was hired by a municipality located in Broward County, Florida to perform inspection and code enforcement activities throughout the municipality. In the course of Read More…

18DEC 2015

Proposed Legislation on Statute of Repose: Clarifying that the Statute Runs from Completion of Performance

by Christie Bredahl

As Florida’s 2016 Legislative Session approaches, two companion bills have been introduced – Senate Bill (“SB”) 316 and House Bill (“HB”) 297.  These bills seek to address the interpretation and application of the statute of repose set forth in § 95.11(3)(c), Florida Statutes. Intended to impose finality on the availability of claims for latent defects, the statute Read More…

10DEC 2015

CSK Successfully Defends Contractor in High Stakes Trial

by David Salazar, Esq.

After a 30 day trial, Mike Brand and David Salazar secured a complete defense verdict in Monroe County (the Florida Keys). Mike and David represented a general contractor who replaced 6 miles of a water pipeline on the median of the Overseas Highway. Plaintiff allegedly went into the median as part of an emergency maneuver Read More…

09SEP 2015

Amendments to Chapter 558 Become Effective on October 1, 2015

by Daniel R. Duello

On June 16, 2015, Governor Rick Scott signed into law House Bill 87, which amends Chapter 558 of the Florida Statutes.  The amendment takes effect October 1, 2015. The intent of Chapter 558 is to avoid the commencement of an action by providing a mechanism for the parties to enter into discussions with one another Read More…

27JUL 2015

Construction Law Update: Date of Final Payment Integral in Evaluating Applicability of the Statute of Repose

by Christie Bredahl

The Fifth District Court of Appeal of the State of Florida recently issued an opinion in Cypress Fairway Condominium Association, Inc. v. Bergeron Construction Co., Inc., No. 5D13-4102, 2015 WL 2129473 (Fla. 5th DCA May 8, 2015), directly addressing the issue of when a construction contract is complete for purposes of determining if a lawsuit Read More…

19JUN 2015

Chapter 558: What Suits You May Not Suit Your Insurer – Florida Federal Court Determines that a Chapter 558 Notice of Claim Does Not Require Defense or Indemnity

by George Truitt, Jr., Esq.

The United States District Court for the Southern District of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13-80831-CIV, 2015 WL 3539755 (S.D. Fla. June 4, 2015), addressing an issue of first impression.  In Altman, the Court evaluated whether an insurer has a duty to defend Read More…

05MAY 2015

Update on CSK Appellate Construction Win dated January 15, 2015

by Brooke E. Beebe, Esq.

We are pleased to report yet another appellate victory in a case George Truitt and Greg Willis of the firm’s Construction Group tried and Scott Cole and George Truitt of the firm’s Appellate Group defended on appeal.

20APR 2015

CSK Attorneys Published in The Lawyer Issue

by Ryan M. Charlson, Esq.

David Salazar and Craig Distel recently published an article titled “Goodnight Contractors – Sanislo v. Give the Kids” analyzing the Florida Supreme Court’s February 12, 2015 decision in Sanislo v. Give the Kids the World, Inc.[1] and its potential impact on the construction industry. Their article will be appearing in the upcoming edition of The Lawyer Issue, an Read More…

16APR 2015

Eleventh Circuit Pulls the Trigger on Injury-In-Fact

by George Truitt, Jr., Esq.

The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).  However, the Court did not end the manifestation versus injury-in-fact debate, choosing instead not to address the appropriate trigger where it is “difficult (or impossible) to determine Read More…