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Florida Construction Law Update

Category Archives: Condominiums

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Complex Business Litigation Court Upholds Design Professional’s Duty Defense under AR Moyer, Post-Tiara

Posted in Condominiums, Construction, Design Professionals, Engineers, Negligence, Professional Liability

David Salazar, Esq., a partner in Cole, Scott & Kissane’s (“CSK’s”) Construction Group, recently filed and argued a Motion for Judgment on the Pleadings (the “Motion”) on behalf of a threshold inspector in a complex, multi-party construction lawsuit. The general contractor on the project sued CSK’s client for, among other things, professional negligence. The claimed… Continue Reading

CSK Construction Group Prevails in Another Jury Trial

Posted in Code Enforcement, Condominiums, Construction, Construction Contracts, Contractors

Cole, Scott & Kissane, P.A. (“CSK”), is pleased to announce another significant win after a three and one-half week jury trial in Key West, Florida, where George Truitt, Esq., and Daniel Levin, Esq., defended a general contractor (the “Contractor”) in a suit filed by a condominium association (the “Association”). In 2007 and 2008, the Contractor… Continue Reading

Proposed Legislation on Statute of Repose: Clarifying that the Statute Runs from Completion of Performance

Posted in Condominiums, Construction Contracts, Contractors, Design Professionals, Engineers, Florida Legislation, Statute of Repose

As Florida’s 2016 Legislative Session approaches, two companion bills have been introduced – Senate Bill (“SB”) 316 and House Bill (“HB”) 297.  These bills seek to address the interpretation and application of the statute of repose set forth in § 95.11(3)(c), Florida Statutes. Intended to impose finality on the availability of claims for latent defects, the statute… Continue Reading

An Alleged Breach of a Promise to Deliver a Completed Condominium Is Measured From the Date of Filing A Surveyor’s Certificate of Substantial Completion, Not the Certificate of Occupancy

Posted in Condominiums, Construction, Construction Contracts, Design Professionals, Developers

Developers must take precaution when making promises regarding completion of construction, especially in light of new Florida case law holding that a claim against a developer for breach of promise to deliver a completed condominium is measured from the date of filing a surveyor’s certificate of substantial completion and not the certificate of occupancy. In Tranquil Harbour Dev., LLC v. BBT, LLC, 79 So. 3d 84… Continue Reading