Header graphic for print
Florida Construction Law Update

Category Archives: Construction Contracts

Subscribe to Construction Contracts RSS Feed

Construction Law Success Story: Partial Summary Judgment on Duty to Defend Structural Engineer

Posted in Construction Contracts, Indemnification, Subcontractors

Cole, Scott & Kissane’s Florida Construction Law Attorneys, David Salazar and Dave Peterson, recently obtained partial summary judgment on the duty to defend a structural engineer in a construction delay claim. This case is a winning example that the duty to defend is broader than – as well as separate and apart from – the… Continue Reading

Eleventh Circuit Affirms No Coverage for Cost to Repair Damage Caused by Subcontractor’s Defective Work

Posted in Construction, Construction Contracts, Indemnification, Insurance

The Eleventh Circuit Court of Appeals continues to find favorably for commercial general liability (CGL) carriers on coverage for damage to the completed project caused by the defective work of subcontractors. On July 11, 2014, the Eleventh Circuit decided J.D.B. Construction, Inc. v. Mid-Continent Casualty Company, No. 13-10138 (11th Cir. Jul. 11, 2014) (view the… Continue Reading

Construction Law Success Story: No Liability Arbitration Award for Bridge Contractor in Negligence Case

Posted in Construction, Construction Contracts, Contractors, Negligence

Cole, Scott, & Kissane P.A.‘s Construction Practice Group is proud to announce a very significant result it recently obtained for a client. Specifically, the firm’s construction law attorneys recently obtained a no liability / zero liability finding in a multi-million dollar arbitration in Ft. Myers on behalf of a bridge contractor in a negligence case.

Construction Sites: Debris or Not Debris?

Posted in Construction Contracts

The recent decision in Skala v. Lyons Heritage Corp., et al., 38 Fla L. Weekly D2485b (Fla. 2d DCA Nov. 27, 2013), provides a cautionary tale to contractors regarding maintaining construction sites. Robert Skala, a tile setter, was asked by Lyons Heritage Corp., the general contractor, to provide an estimate to correct tile work in… Continue Reading

Construction Law Trial Win: Complete Defense Verdict in Seven Day Jury Trial

Posted in Construction, Construction Contracts, Developers

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that two of its construction lawyers (George Truitt and Greg Willis) obtained a complete defense verdict in a seven day jury trial in Miami-Dade County. Cole, Scott & Kissane P.A. represented a geotechnical engineer who was sued for professional malpractice by… Continue Reading

Alternative Dispute Resolution (ADR): Arbitration in Construction Contracts

Posted in Construction Contracts

When problems arise during a construction project, there are a few options that may help guide the parties to a resolution. For example, the parties may engage in informal settlement discussions, onsite arbitration conference, consult with neutral third-parties identified in construction contracts, or attend informal mediation, likely also established through the construction agreement. If the… Continue Reading

Economic Damages Post-Tiara

Posted in Construction, Construction Contracts, Negligence

As we have previously written about here, the Florida Supreme Court has recently narrowed the scope of the economic loss rule in Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399, 407 (Fla. 2013).    In summary, the Court receded from prior rulings to the extent that they have applied the… Continue Reading

Notices to Owner Under Florida’s Lien Statute

Posted in Construction Contracts, Contractors, Lien, Subcontractors

Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are not paid for the work that has been performed.   Under Florida Statute § 713.06, if the contractor is not in privity with the owner, the contractor must give notice to the owner… Continue Reading

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

Economic Loss Rule – A Narrowed Approach

Posted in Construction, Construction Contracts, Contractors, Negligence, Subcontractors

The Florida Supreme Court has finally taken the Economic Loss Rule head-on and has attempted to address an issue that has created much litigation.   On March 7, 2013, the Court released its opinion in the case of Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. , 2013 WL 828003, significantly narrowing the application… 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

Florida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair

Posted in Construction, Construction Contracts, Lien

Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees.  The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or… Continue Reading

The Benefits of Written Arbitration Agreements in an Online World

Posted in Construction, Construction Contracts

In an increasingly digital and cost-conscious business environment, many companies in the construction industry may desire to provide its terms and conditions for dispute resolution in arbitration to its customer electronically by posting those terms on the Internet, rather than providing a hard copy of same. This practice may also enable businesses to achieve better… Continue Reading

Massive Cost Overruns at World Trade Center Project – Unfortunate Situation for Contractors on a Meaningful Project

Posted in Bids, Change Orders, Construction, Construction Contracts, Contractors, Delays, Subcontractors

Thousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks.  Although the construction of the World Trade Center project is not nearly complete, the construction of the One World Trade Center, a 104-story building, has begun to fill the… 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

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

Subpoenas in Arbitration: Not as Easy as One Would Think

Posted in Construction, Construction Contracts

Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in lieu of litigation or as a condition precedent to trial.  Arbitration is a preferred means of alternative dispute resolution as it minimizes the time and expense of litigation and, in some cases, a jury trial.  One example of costs… 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

Insulating Design Professional from Individual Liability

Posted in Construction, Construction Contracts, Design Professionals, Professional Liability

Since the mid 1980s, the design professional community relied upon Florida Power & Light Company v. Mid-Valley, Inc., 763 F. 2d 1316 (11th cir. 1985) as an accurate statement of Florida law allowing individual design professionals to limit their liability for professional negligence by contract. The design professional world was turned on its head with… Continue Reading

Contractor’s Home Office Overhead Likely Unrecoverable

Posted in Construction, Construction Contracts, Contractors, Delays, Subcontractors

When public construction projects are delayed by the government, contractors are often unable to bid on additional jobs and perform other work during the delay period. As a result, contractors often seek damages from the government for extended home office overhead during this delay, commonly referred to as Eichleay damages. However, courts have continually limited contractors’ ability to recover these costs by imposing burdensome requirements, which… Continue Reading