Recently, the First DCA addressed the issue of dual employment as it relates to a contractor and subcontractor. See Roof Painting by Hartzell, Inc./Summit Holdings Claim Center v. Andres Hernandez, Colors Construction, Inc., and Guarantee Insurance Company, 2015 WL 641199, (Fla. 1st DCA 2015). Dual employment occurs when a single employee is under a contract… Continue Reading
In addition to HB 87 / SB 418, CSK also continues to monitor the progress of House Bill (“HB”) 501, entitled “Limitation of Actions,” as it makes its run through the 2015 session of the Florida legislature. The objective of HB 501 is to alter the current state of Florida law regarding the time within… Continue Reading
Florida’s 2015 Legislative session kicks off on Tuesday March 3, 2015. This Legislative session CSK’s Construction Law Division is closely tracking the following bills: • House Bill (“HB”) 87 titled Construction Defect Claims and a similar bill, Senate Bill (“SB”) 418; and • HB 501 titled Limitations of Actions. These bills, if passed, will impact… Continue Reading
We are pleased to announce another significant appellate victory for Cole, Scott, & Kissane P.A.’s Appellate Practice Group. Scott Cole, Esq. and George Truitt, Esq. obtained an affirmance of a complete defense verdict in favor a traffic engineer in a wrongful death case arising from a tragic motor vehicle accident at a signalized intersection that resulted in the death of… Continue Reading
The Florida law firm of Cole, Scott & Kissane, P.A. recently obtained a judgment following an October 2014 bench trial in Miami, Florida, completely denying the Plaintiff’s construction lien foreclosure claim.
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
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.
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
The Florida Supreme Court recently issued an opinion in the Maronda Homes case and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda Homes dealt with whether a developer’s common law implied warranty of fitness and merchantability extends to initial purchasers of residential property for… Continue Reading
The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that two of its construction lawyers (George Truitt and Dan Levin) obtained a complete defense verdict in a hotly-contested construction defect case after nine weeks of trial. The trial commenced on May 10, 2013, and finished on August 2, 2013.
The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that three of its construction law attorneys, David Salazar, George Truitt, and Kevin Schumacher, recently received Board Certification in Construction Law from the Florida Bar. According to the Florida Bar, Board Certification is the highest level of evaluation of competency and… Continue Reading
Florida law provides a conduit to obtain prevailing party fees where there is no other statutory or contractual basis to seek them. This tool is generally referred to and recognized as an “Offer of Judgment” and/or “Proposal for Settlement”, as codified in Florida Statute §768.79 and Florida Rule of Civil Procedure 1.442(c)(3). Both Plaintiffs and… Continue Reading
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
Earlier this month, the Florida Legislature wrapped up its 2013 Regular Session. With its close on May 3, 2013, came the demise of legislation intended to make changes to Florida’s construction lien laws. The legislation sought to: Revise the mandatory notice provision in contracts between owners and contractors [F.S. § 713.015 (1)]; Revise notice requirements… Continue Reading
It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus costs of business interruption and/or loss of use – i.e. “delay damages.” See e.g. Grossman v. Sea Air Towers, Ltd., 513 So…. Continue Reading
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
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
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 failure to have a proper license as a contractor, where a license is required, may have adverse consequences to the party performing the work. Work done by an unlicensed contractor may result in the inability to collect, loss of lien rights, prosecution for a crime, and treble damages resulting from injury arising out of the… Continue Reading
Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier for a subrogation claim after the Developer and Contractor entered into a release with the Association pursuant to certain warranty repairs. The appellate court affirmed the decision of the… Continue Reading
While people have competing views as to subsidized housing and who should bear the burden of funding said projects, the benefits to the communities which play host to such communities cannot deny the economic boost to the local economy and employment market. For instance, the low-income housing tax credit (LIHTC) program, by all accounts, is… Continue Reading
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
Due to the use of Chinese drywall in construction projects, there has been an advent of class action litigation against contractors and suppliers of Chinese drywall for personal injuries and property damage. Recently, insurers have started the process to deny coverage for the contractors who installed Chinese drywall. Since the mid‐1980s virtually all Commercial General… Continue Reading
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