All posts by Thomas Shea

01AUG 2014

Board Certified Construction Law Attorneys

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 law, as well as professionalism and ethics in practice. Board Certified Specialists are required to possess a minimum level of relevant experience and undergo a rigorous examination process to demonstrate their competency in specific areas of the law. Continue reading

30JUL 2014

Cole, Scott & Kissane’s Florida Construction Law Attorneys, David Salazar and Dave Peterson, recently obtained partial summary judgment on the duty to defend a structural engineer in a construction delay claim. This case is a winning example that the duty to defend is broader than – as well as separate and apart from – the duty to indemnify, extending to all potential claims, whether ultimately covered or not, so long as the proper contractual language is met. Continue reading

26MAY 2014

Cole, Scott, & Kissane P.A.‘s Construction Practice Group is proud to announce a very significant result it recently obtained for a client. Specifically, the firm’s construction law attorneys recently obtained a no liability / zero liability finding in a multi-million dollar arbitration in Ft. Myers on behalf of a bridge contractor in a negligence case. Continue reading

26JAN 2014

Florida’s Second District Court of Appeal recently issued an opinion changing the burden under Florida’s Statute of Repose for a party to demonstrate that a lawsuit based on the “design, planning, or construction of an improvement to real property” was barred for not being filed within the allotted period of time. § 95.11(3)(c), Fla. Stat. This decision will likely be favored by plaintiffs rather than defendants as it will arguably allow plaintiffs to proceed with a construction defect lawsuit upon demonstrating there is “the slightest doubt that a genuine issue of material fact might exist” as to whether the action is barred by Florida’s Statute of Repose. Clearwater Hous. Auth. v. Future Capital Holding Corp., et al., 38 Fla. L. Weekly D2323a (Fla. 2d DCA 2013). Continue reading

13NOV 2013

The recent decision in Nationwide Mut. Fire Ins. Co. v. Advanced Cooling and Heating, Inc., 38 Fla. L. Weekly D2256a (Fla. 4th DCA 2013), gives us the opportunity to revisit a hotly contested issue in the construction industry: what triggers an insurer’s duty to defend under a post-1986 standard form commercial general liability insurance policy? The short answer is that an insurer’s duty to defend arises when the allegations in the complaint (and only the complaint) fairly and potentially raise a claim against an insured that is covered by the policy. Continue reading

05NOV 2013

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that two of its construction lawyers (George Truitt and Greg Willis) obtained a complete defense verdict in a seven day jury trial in Miami-Dade County. Cole, Scott & Kissane P.A. represented a geotechnical engineer who was sued for professional malpractice by the developer landlord of a CVS site in Miami. When the developer turned the site over, CVS discovered that the site was not prepared in accordance with the terms of the ground lease. The defects included improper demucking of the site, neglecting to fill areas below the water line with gravel, and backfilling the site with material for the building pad and parking area that was materially different from the specifications. Continue reading

16OCT 2013

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 parties are unable to reach an informal agreement to resolve the matter at that point, the parties can turn to the courts and engage in litigation. Continue reading