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Florida Construction Law News

01APR 2015

Recent Revisions to Dewatering and Stormwater Generic Permits

by Dean O. Meyers, Esq.

The flow of construction stormwater legislation and rulemaking from Washington D.C. and Tallahassee has been steady in recent years.  With another construction boom underway in many parts of the state, stakeholders must remain vigilant of the Florida Department of Environmental Protection (“FDEP”) regulations governing construction dewatering and stormwater runoff promulgated in February of 2015.

16MAR 2015

Recent Case Law to Help Navigate Dual Employment in a Construction Setting

by Ryan M. Charlson, Esq.

Recently, the First DCA addressed the issue of dual employment as it relates to a contractor and subcontractor. See Roof Painting by Hartzell, Inc./Summit Holdings Claim Center v. Andres Hernandez, Colors Construction, Inc., and Guarantee Insurance Company, 2015 WL 641199, (Fla. 1st DCA 2015). Dual employment occurs when a single employee is under a contract Read More…

19FEB 2015

CSK’s Legislative Update – House Bill 501

by David S. Harrigan, Esq.

In addition to HB 87 / SB 418, CSK also continues to monitor the progress of House Bill (“HB”) 501, entitled “Limitation of Actions,”  as it makes its run through the 2015 session of the Florida legislature.  The objective of HB 501 is to alter the current state of Florida law regarding the time within Read More…

18FEB 2015

CSK’s Legislative Update – House Bill 87/Senate Bill 418

by Christie Bredahl

Florida’s 2015 Legislative session kicks off on Tuesday March 3, 2015. This Legislative session CSK’s Construction Law Division is closely tracking the following bills: • House Bill (“HB”) 87 titled Construction Defect Claims and a similar bill, Senate Bill (“SB”) 418; and • HB 501 titled Limitations of Actions. These bills, if passed, will impact Read More…

19JAN 2015

CSK APPELLATE CONSTRUCTION WIN

by David S. Harrigan, Esq.

We are pleased to announce another significant appellate victory for Cole, Scott, & Kissane P.A.’s Appellate Practice Group.  Scott Cole, Esq. and George Truitt, Esq. obtained an affirmance of a complete defense verdict in favor a traffic engineer in a wrongful death case arising from a tragic motor vehicle accident at a signalized intersection that resulted in the death of Read More…

14JAN 2015

11th Circuit Finds No Coverage for Shipbuilder under Marine Engineering Firm’s A&E Policy

by Christie Bredahl

On December 24, 2014, the United States Court of Appeals for the Eleventh Circuit published an opinion finding no coverage for a shipbuilder under a marine engineering firm’s Architect’s and Engineer’s professional liability insurance policy.  Atlantic Marine Florida, LLC, et al. v. Evanston Ins. Co., et al., No. 13-11342 (to view the opinion please click Read More…

04DEC 2014

Construction Law Success Story: Judgment Denying Lien Foreclosure Claim

by David S. Harrigan, Esq.

The Florida law firm of Cole, Scott & Kissane, P.A. recently obtained a judgment following an October 2014 bench trial in Miami, Florida, completely denying the Plaintiff’s construction lien foreclosure claim.

16NOV 2014

Engineering Malpractice Defense Verdict for Coastal Engineering Firm

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. proudly announces another defense verdict in a construction case in which it defended Florida’s premier Coastal, Waterfront, and Dredging Engineering firm. View the Engineering Malpractice Trial Verdict.

06NOV 2014

State Court Finds Florida’s Workers’ Compensation Statute Unconstitutional

by Todd A. Macleod, Esq.

Judge Jorge E. Cueto, sitting in the Eleventh Judicial Circuit in Miami-Dade County, Florida, recently found the Florida Workers’ Compensation Act, as amended effective October 1, 2003, does not provide a “reasonable alternative remedy to the tort remedy it supplanted.” Padgett v. State of Florida, No. 11-13661-CA-25 (view the Padgett opinion). This ruling declares the Read More…

01AUG 2014

Florida Attorney David Harrigan Designated as Board Certified Specialist in Construction Law

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that Florida Attorney David Harrigan has been recognized by the Florida Bar as a Board Certified Specialist in Construction Law. According to the Florida Bar, Board Certification is the highest level of evaluation of competency and experience within an area of Read More…