The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect reveals that the alleged deficiencies, if true, relate to the work of its sub-consultants (or in the case of a General Contractor his subcontractors). The… Continue Reading
Monthly Archives: August 2012
Keeping Claims Files Confidential: “Work-Product” Privilege for Construction Claims Handling
Posted in Construction, InsuranceThe vast majority of construction disputes do not begin with the filing of formal litigation. In fact, Florida Statute § 558.004 protects against any “first-notice” lawsuits by requiring that notice and an opportunity to cure any alleged defect be given prior to the pursuit of formal litigation. Of course, as part of any pre-suit investigation,… Continue Reading
The Slavin Doctrine is Alive and Well – Ask CSK’s Clients!
Posted in Architects, Construction, Contractors, Design Professionals, Engineers, Professional Liability, SubcontractorsCole, Scott and Kissane (“CSK”) recently won two very significant personal injury cases arising from construction projects on behalf of design professionals based on the Slavin Doctrine. The Slavin doctrine prevents an injured Plaintiff from holding a contractor liable for injuries caused by a patent, or obvious, defect in construction after control of the property… Continue Reading