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Florida Construction Law Update

Category Archives: Contractors

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Amendments to Chapter 558 Become Effective on October 1, 2015

Posted in Construction, Contractors, Design Professionals, Developers, Florida Legislation, Subrogation, Uncategorized

On June 16, 2015, Governor Rick Scott signed into law House Bill 87, which amends Chapter 558 of the Florida Statutes.  The amendment takes effect October 1, 2015. The intent of Chapter 558 is to avoid the commencement of an action by providing a mechanism for the parties to enter into discussions with one another… Continue Reading

Construction Law Update: Date of Final Payment Integral in Evaluating Applicability of the Statute of Repose

Posted in Construction, Construction Contracts, Contractors, Design Professionals, Statute of Repose, Statutes of Limitations, Uncategorized

The Fifth District Court of Appeal of the State of Florida recently issued an opinion in Cypress Fairway Condominium Association, Inc. v. Bergeron Construction Co., Inc., No. 5D13-4102, 2015 WL 2129473 (Fla. 5th DCA May 8, 2015), directly addressing the issue of when a construction contract is complete for purposes of determining if a lawsuit… Continue Reading

CSK Attorneys Published in The Lawyer Issue

Posted in Construction, Construction Contracts, Construction Licensing, Contractors, Indemnification, Negligence

David Salazar and Craig Distel recently published an article titled “Goodnight Contractors – Sanislo v. Give the Kids” analyzing the Florida Supreme Court’s February 12, 2015 decision in Sanislo v. Give the Kids the World, Inc.[1] and its potential impact on the construction industry. Their article will be appearing in the upcoming edition of The Lawyer Issue, an… Continue Reading

Eleventh Circuit Pulls the Trigger on Injury-In-Fact

Posted in Construction, Contractors, Coverage, Duty to Defend, Indemnification, Insurance

The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).  However, the Court did not end the manifestation versus injury-in-fact debate, choosing instead not to address the appropriate trigger where it is “difficult (or impossible) to determine… Continue Reading

Recent Revisions to Dewatering and Stormwater Generic Permits

Posted in Contractors, Engineers, Permits

The flow of construction stormwater legislation and rulemaking from Washington D.C. and Tallahassee has been steady in recent years.  With another construction boom underway in many parts of the state, stakeholders must remain vigilant of the Florida Department of Environmental Protection (“FDEP”) regulations governing construction dewatering and stormwater runoff promulgated in February of 2015.

Recent Case Law to Help Navigate Dual Employment in a Construction Setting

Posted in Construction, Contractors, Insurance, Subcontractors

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

CSK’s Legislative Update – House Bill 501

Posted in Construction, Contractors, Florida Legislation, Statutes of Limitations, Uncategorized

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

CSK’s Legislative Update – House Bill 87/Senate Bill 418

Posted in Construction, Contractors, Florida Legislation

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

State Court Finds Florida’s Workers’ Compensation Statute Unconstitutional

Posted in Contractors, Florida Legislation, Insurance, Negligence

Judge Jorge E. Cueto, sitting in the Eleventh Judicial Circuit in Miami-Dade County, Florida, recently found the Florida Workers’ Compensation Act, as amended effective October 1, 2003, does not provide a “reasonable alternative remedy to the tort remedy it supplanted.” Padgett v. State of Florida, No. 11-13661-CA-25 (view the Padgett opinion). This ruling declares the… Continue Reading

Construction Law Success Story: Summary Judgment for Civil Engineer in Professional Malpractice Case

Posted in Contractors, Design Professionals, Engineers, Professional Liability

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 summary judgment on behalf of a civil engineer in a professional malpractice claim.

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.

Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve

Posted in Construction, Contractors, Warranty

The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] 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

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

Legislative Update: Bills To Alter Florida’s Construction Lien Law Dies In Committee

Posted in Construction, Contractors, Florida Legislation, Lien, Subcontractors

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

Recent Application of “Betterment” Defenses – Getting No More Than You Bargained For

Posted in Construction, Contractors, Delays

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

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

Liability Releases with Warranty Repairs – A Proactive Defense

Posted in Construction, Contractors, Design Professionals, Developers, Engineers, Insurance, Subrogation

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

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

Insurer’s Total Pollution Exclusion Valid According to U.S. Southern District of Florida Court

Posted in Construction, Contractors, Insurance

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

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

A Federal Court Takes Soft Stance on Offensive Language and Conduct on Construction Sites

Posted in Construction, Contractors

Often times, sexual harassment in the workplace involves a male employee making inappropriate comments or gestures to another female employee. However, a construction site is a unique working environment and workers, unfortunately, use foul language and act inappropriately towards each other, as well as bystanders passing by the construction site.  Recently, a male construction worker… Continue Reading