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Florida Construction Law Update

Category Archives: Architects

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Design Professional Limitation of Liability Law Approved by Governor

Posted in Architects, Construction Contracts, Design Professionals, Florida Legislation, Professional Liability

The Design Professional Limitation of Liability Act, that we have been following and discussing here and here, outlined in the version of SB 286 that ultimately passed both the Senate and House has been approved by Governor Scott.  Governor Scott signed the act on April 25th.  The act creates § 558.0035, Florida Statute, and will… Continue Reading

CSK’s Capitol Report – Update on the Design Professional Limitation of Liability Bills

Posted in Architects, Construction, Construction Contracts, Design Professionals, Engineers, Florida Legislation, Professional Liability

As we have previously posted, we have been closely monitoring Senate Bill (“SB”) 286 and House Bill (“HB”) 575, which have moved quickly through their respective committees and chambers with little opposition.  On March 27, 2013, the Senate passed SB 286 by a 37 to 1 vote.  SB 286 was then substituted in place of HB… Continue Reading

CSK’s Capitol Report – Senate Bill 286; House Bill – 575

Posted in Architects, Construction, Construction Contracts, Design Professionals, Engineers, Florida Legislation, Professional Liability

Florida’s 2013 Legislative session kicks off tomorrow, Tuesday March 5, 2013. This legislative session, CSK’s Construction Law Division is closely following Senate Bill (“SB”) 286 titled Design Professionals and its identical companion bill in the House, House Bill (“HB”) 575.  Both bills were introduced and filed in January of 2013.  The bills intend to alter the… Continue Reading

The “Fiscal Cliff” and the Construction Industry

Posted in Architects, Construction, Contractors, Design Professionals, Engineers, Florida Legislation

After a spirited election season and as we wind down toward the end of the year, the elected officials in Washington D.C. are in the midst of a strong debate regarding the tax increases and budget cuts that will begin in 2013.  Although the impact is largely debatable, discussions about the “fiscal cliff” are rampant… Continue Reading

CSK Trial Win

Posted in Architects, Construction, Construction Contracts, Contractors, Design Professionals, Engineers, Insurance, Uncategorized

George Truitt and Daniel Levin recently defended an architect and his firm against a claim by a homeowner relating to the design of the HVAC system in an 8,000 square foot, custom home on the Intracoastal Waterway in Miami, Florida.  The owner claimed that the system was deficiently designed so that it was not able… Continue Reading

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

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

Appellate Rights for Arbitration Litigants

Posted in Architects, Construction, Construction Contracts, Contractors, Design Professionals, Developers, Engineers, Subcontractors

            As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many construction matters are litigated in arbitration fora. While arbitration is theoretically not as expensive a means of dispute resolution as the… Continue Reading

Bid Shopping Still in Vogue, Ask the Subcontractor

Posted in Architects, Bids, Construction, Construction Contracts, Contractors, Subcontractors

            The crude reality for most construction subcontractors is that after expending much time, effort and resources in preparing the lowest bid for a general contractor that is, itself, bidding a construction project, the general contractor will take the lowest subcontractor bid and go bid shopping after it is awarded the contract. A subcontractor’s conditional… Continue Reading

Difficulties a Contractor Faces When Dealing with Change Work

Posted in Architects, Change Orders, Construction, Construction Contracts, Contractors, Design Professionals, Professional Liability, Subcontractors

The Magazine of University of Florida’s School of Building Construction recently published an article written by David Salazar. The article is a primer on the difficulties a contractor faces when dealing with change order work. Additionally, the article sets forth the inevitable problems a contractor encounters and provides some risk management tips that can help… Continue Reading

A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete

Posted in Architects, Construction, Contractors, Design Professionals, Developers, Engineers, Indemnification, Professional Liability, Subcontractors, Subrogation

Is the cause of action for Contribution still a viable claim? A recent federal court suggested that Contribution between comparatively at-fault parties is no longer a viable claim in light of the availability of comparative fault defenses to liability. In Mendez-Garcia v. Galaxie Corp., 8:10-CV-788-T-24 EAJ, 2011 WL 5358658 (M.D. Fla. Nov. 3, 2011), the… Continue Reading