Header graphic for print
Florida Construction Law Update

Monthly Archives: August 2012

A Tale of Two Districts: Florida Courts Split on the Application of Relation Back To Add Third Party Defendants As Direct Defendants After Expiration of the Statute of Limitations

Posted in Architects, Construction, Contractors, Negligence, Statutes of Limitations, Subcontractors, Uncategorized

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

Keeping Claims Files Confidential: “Work-Product” Privilege for Construction Claims Handling

Posted in Construction, Insurance

The 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, Subcontractors

Cole, 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