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Florida Construction Law Update

Category Archives: Negligence

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Construction Law Win: Motions to Dismiss Granted based on Lack of Standing due to Economic Loss Rule

Posted in Negligence

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that one of its construction lawyers (Ried Arnold) had two motions to dismiss granted in a hotly-contested construction defect case regarding the Plaintiff’s negligence claim. The hearing took place on January 21, 2014 and the Orders Granting the Motions were entered… 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

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

A Tale of Two Districts: Florida Courts Split on the Application of Relation Back To Add Third Party Defendants As Direct Defendants After Expiration of the Statute of Limitations

Posted in Architects, Construction, Contractors, Negligence, Statutes of Limitations, Subcontractors, Uncategorized

The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect reveals that the alleged deficiencies, if true, relate to the work of its sub-consultants (or in the case of a General Contractor his subcontractors). The… Continue Reading

When It’s Necessary to Present Expert Testimony of Industry Standard to Establish the Standard of Care in Negligence Actions: The Case of the Roofer

Posted in Construction, Negligence, Roofer, Subcontractors

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion which has, in essence, confirmed the steps necessary in establishing a negligence action against a roofer in Florida.  While the standard of care necessary to prove whether a roof was negligent is a seemingly simple, everyday legal concept, proving it up… Continue Reading