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Florida Construction Law News

30OCT 2013

Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve

by David Salazar, Esq.

The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda Homes dealt with whether a developer’s common law implied warranty of fitness and merchantability extends to initial purchasers of residential property for Read More…

16OCT 2013

Alternative Dispute Resolution (ADR): Arbitration in Construction Contracts

by Thomas Shea

When problems arise during a construction project, there are a few options that may help guide the parties to a resolution. For example, the parties may engage in informal settlement discussions, onsite arbitration conference, consult with neutral third-parties identified in construction contracts, or attend informal mediation, likely also established through the construction agreement. If the Read More…

29AUG 2013

Construction Law Trial Win: Complete Defense Verdict in Nine-Week Construction Defect Trial

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that two of its construction lawyers (George Truitt and Dan Levin) obtained a complete defense verdict in a hotly-contested construction defect case after nine weeks of trial. The trial commenced on May 10, 2013, and finished on August 2, 2013.

23AUG 2013

David Salazar, George Truitt, and Kevin Schumacher Designated as Board Certified Specialists in Construction Law

by Thomas Shea

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that three of its construction law attorneys, David Salazar, George Truitt, and Kevin Schumacher, recently received Board Certification in Construction Law from the Florida Bar. According to the Florida Bar, Board Certification is the highest level of evaluation of competency and Read More…

17JUL 2013

Contractor Successfully Defends Fee Award – Offers of Judgment: How to oppose prevailing party fees pursuant to §768.79 and Rule 1.442(c)(3)

by Sherry Schwartz

Florida law provides a conduit to obtain prevailing party fees where there is no other statutory or contractual basis to seek them.  This tool is generally referred to and recognized as an “Offer of Judgment” and/or “Proposal for Settlement”, as codified in Florida Statute §768.79 and Florida Rule of Civil Procedure 1.442(c)(3).  Both Plaintiffs and Read More…

07JUL 2013

Economic Damages Post-Tiara

by Daniel Duello

As we have previously written about here, the Florida Supreme Court has recently narrowed the scope of the economic loss rule in Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399, 407 (Fla. 2013).    In summary, the Court receded from prior rulings to the extent that they have applied the Read More…

11JUN 2013

Notices to Owner Under Florida’s Lien Statute

by CSK Construction Group

Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are not paid for the work that has been performed.   Under Florida Statute § 713.06, if the contractor is not in privity with the owner, the contractor must give notice to the owner Read More…

31MAY 2013

Legislative Update: Bills To Alter Florida’s Construction Lien Law Dies In Committee

by Stephen W. Stukey, Esq.

Earlier this month, the Florida Legislature wrapped up its 2013 Regular Session. With its close on May 3, 2013, came the demise of legislation intended to make changes to Florida’s construction lien laws.  The legislation sought to: Revise the mandatory notice provision in contracts between owners and contractors [F.S. § 713.015 (1)]; Revise notice requirements Read More…

16MAY 2013

Recent Application of “Betterment” Defenses – Getting No More Than You Bargained For

by CSK Construction Group

It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus costs of business interruption and/or loss of use – i.e. “delay damages.”  See e.g. Grossman v. Sea Air Towers, Ltd., 513 So. Read More…

03MAY 2013

“Daubert” Standard for Expert Testimony in Florida?

by Daniel Klein

For years, Florida has been one of only 10 states that follow the “Frye” standard relating to the admission of expert testimony at trial. This may be changing, as a Florida Senate Panel recently advanced Senate Bill 1412 that would change the standards by which Florida judges admit expert testimony. The proposed bill, which is Read More…