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
Category Archives: Developers
Subscribe to Developers RSS FeedAppellate Rights for Arbitration Litigants
Posted in Architects, Construction, Construction Contracts, Contractors, Design Professionals, Developers, Engineers, SubcontractorsAs 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
No Common Law Implied Warranty of Habitability Applies to Surrounding Structures That “Essentially Service” A Home
Posted in Construction, Developers, Florida Legislation, WarrantyThe Florida Legislature recently passed legislation that is very favorable for developers. More specifically, the legislation appears to eliminate future exposure of developers to claims for common law implied warranties of fitness and merchantability related to subdivision improvements of roads, drainage systems, retention ponds and underground pipes surrounding homes. In mid-March 2012, the Florida House of Representatives passed… 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, DevelopersDevelopers 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
A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete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, SubrogationIs 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