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Florida Construction Law Update

Category Archives: Indemnification

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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

Self-Insured Retention Obligations, Third-Party Indemnification Payments, and the Made Whole Doctrine

Posted in Indemnification, Insurance, Subrogation

In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first impression certified to it by the Eleventh Circuit Court of Appeals holding that an insured was permitted to apply third-party indemnification payments towards its self-insured retention (“SIR”) obligation under a… 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A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete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, Subrogation

Is 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