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Florida Construction Law Update

CSK’s Legislative Update – House Bill 501

Posted in Construction, Contractors, Florida Legislation, Statutes of Limitations, Uncategorized

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.

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CSK’s Legislative Update – House Bill 87/Senate Bill 418

Posted in Construction, Contractors, Florida Legislation

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.

HB 87 and SB 418 propose to make drastic changes to Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure.”  Continue Reading

CSK APPELLATE CONSTRUCTION WIN

Posted in Construction, Design Professionals, Engineers, Traffic

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.

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11th Circuit Finds No Coverage for Shipbuilder under Marine Engineering Firm’s A&E Policy

Posted in Architects, Coverage, Design Professionals, Engineers, Insurance, Professional Liability

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).

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Construction Law Success Story: Judgment Denying Lien Foreclosure Claim

Posted in Construction, Construction Contracts, Lien

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.

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Engineering Malpractice Defense Verdict for Coastal Engineering Firm

Posted in Construction Contracts, Contractors, General

Example of DredgingThe 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

State Court Finds Florida’s Workers’ Compensation Statute Unconstitutional

Posted in Contractors, Florida Legislation, Insurance, Negligence

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

Florida Attorney David Harrigan Designated as Board Certified Specialist in Construction Law

Posted in General

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

Construction Law Success Story: Partial Summary Judgment on Duty to Defend Structural Engineer

Posted in Construction Contracts, Indemnification, Subcontractors

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

Eleventh Circuit Affirms No Coverage for Cost to Repair Damage Caused by Subcontractor’s Defective Work

Posted in Construction, Construction Contracts, Indemnification, Insurance

The Eleventh Circuit Court of Appeals continues to find favorably for commercial general liability (CGL) carriers on coverage for damage to the completed project caused by the defective work of subcontractors. On July 11, 2014, the Eleventh Circuit decided J.D.B. Construction, Inc. v. Mid-Continent Casualty Company, No. 13-10138 (11th Cir. Jul. 11, 2014) (view the JDB Construction opinion). The case involved the construction of a fitness center to be attached to an existing building in the Tampa area. Continue Reading