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Monthly Archives: April 2015

20APR 2015

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 international publication providing updates to the legal and business community throughout the world.  The Sanislo opinion resolved a conflict regarding the enforceability of exculpatory agreements between the First, Second, Third, Fourth and Fifth District Courts of Appeal and determined that the terms “negligence” or “negligent acts” are not necessary to have an enforceable exculpatory provision. To read more about the Sanislo decision and its potential impact on the construction industry, please follow this link:

[1] No. SC12-2409 (Fla. Feb. 12, 2015) (note: the final opinion has not been released for publication in the permanent law reports and until release, it is subject to revision or withdrawal).

16APR 2015

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 when the property was damaged.”

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01APR 2015

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.

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