The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their clients – occasionally contrary to what appears just and fair. However, from time to time, the courts step up and… Continue Reading
Monthly Archives: May 2012
S.O.L on Claims Against Subcontractors for Latent Defects
Posted in Construction, Contractors, Statutes of LimitationsThe case of Joel and Marcia Hochberg v. Thomas Carter Painting, Inc., 36 Fla.L. Weekly D1200f, addresses the point of time at which the statute of limitations begins to run in latent defects cases. In 2000, homeowners, Joel and Marcia Hochberg, hired a general contractor to construct a new home for them, and the general contractor… Continue Reading
When It’s Necessary to Present Expert Testimony of Industry Standard to Establish the Standard of Care in Negligence Actions: The Case of the Roofer
Posted in Construction, Negligence, Roofer, SubcontractorsThe United States Court of Appeals for the Eleventh Circuit recently issued an opinion which has, in essence, confirmed the steps necessary in establishing a negligence action against a roofer in Florida. While the standard of care necessary to prove whether a roof was negligent is a seemingly simple, everyday legal concept, proving it up… Continue Reading
The Dark Side of Building Green
Posted in Construction, Contractors, Design ProfessionalsBuilding green is the practice of reducing the negative effects construction has on the environment by increasing the efficiency with which buildings use and consume resources (energy, water, and materials). In addition to reducing the impact the building has on the environment, green building is also intended to reduce the project’s impact on human health… Continue Reading