In an effort “to promote efficient resolution of claims and reduce litigation,” Florida House Bill 295 (related Senate Bill 1488), introduced in October 2019, contains major changes to Florida’s construction defect law, Chapter 558, Florida Statutes. Most notably, the proposed legislation removes an association as a claimant under the statute; requires that all settlement funds Read More…
Cole, Scott & Kissane, P.A. (“CSK”) is pleased to announce that Attorney Ryan M. Charlson 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.
A new amendment to §95.11, Florida Statutes, may impact Construction Law in Florida. The revision to §95.11(3)(c) was approved by Governor Rick Scott on March 23, 2018 upon the signing 2018 Fla. HB 875. The amendment again aims to modify the Statute of Repose period for latent defect actions. The Statute of Repose specifically time bars any action for latent defect arising out of the design, planning or construction of an improvement to real property based on a fixed time period.
The situation is one all too familiar to construction defect litigants. A homeowner contracts with a roofing contractor to install a new roof with a life expectancy of ten years. After only five years, the homeowner brings a claim for construction defects in the roof alleging that the roof requires complete replacement due to water intrusion. The homeowner seeks damages for the full replacement cost of the roof. However, under a “useful life” theory, the homeowner would not be entitled to damages for the full amount of the replacement cost. Instead, the homeowner would be entitled to one-half of the cost of the replacement roof, taking into account the fact that he or she had been deprived of only five, rather than ten, years of use.
While considered procedural, the “relation back doctrine” has a substantive effect that can either be a life-saver or a frustration (depending on what side of the issue you are on). The doctrine allows an amendment to a pleading, well after the original filing and service of that pleading, to relate back to the date of the original pleading. So, for example, for a case filed in 2014, an amendment to a pleading filed in 2017 will be treated as if the amendment was part of the original pleading filed in 2014. The doctrine is well-established in both Florida and federal law.
The independent tort doctrine is a prohibition against tort actions that are calculated to recover solely economic damages for one in contractual privity with another. In other words, the doctrine is intended to prevent parties to a contract from circumventing the allocation of losses set forth in a contract by bringing an action for economic loss in tort.
As part of Florida’s increasing efforts to achieve energy efficiency in new construction, changes have been made to the methodology of measuring dwelling air leakage and tolerable measurements. In June 2015, the Florida Legislature amended Section 553.998, Florida Statutes, to require additional testing for newly constructed buildings to verify air leakage figures. Residential construction must now undergo a Mandatory Residential Air Infiltration (“Blower Door”) Test. Florida companies were granted a two-year “grace period” to allow the construction industry to prepare and plan for the changes, which became effective on July 1, 2017.
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…
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…
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.