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.
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 of hire with two separate employers. See Interstate Industrial Park v. Afterdeck Restaurant, 478 So. 2d 852, 854 (Fla. 1st 1985). Under the separate control of each employer, the employee performs services for each employer that are largely unrelated to the services it performs for the other. Under the dual employment doctrine, two employers may be liable for workers’ compensation separately or jointly depending on severability of the employee’s activity at the time of injury. When the employee’s activities are separable and can be clearly identified with one employer or the other, the particular employer whose work was being done at the time of injury will be held exclusively liable.
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 which claims may be brought for a latent defect in the design, planning, or construction of an improvement to real property. Simply put, enactment of the proposed Bill will decrease the statute of repose on construction-related claims in Florida from 10 years to 7 years.
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 the industry. This post focuses on HB 87 and SB 418. A separate post will be dedicated to HB 501.
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 a motorist.
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 here).
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.
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. Continue Reading
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 remedies provided under Chapter 440 of the Florida Statutes as unconstitutional due to the lack of ‘significant’ benefits to the worker. Continue Reading
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