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
Category Archives: Subcontractors
Subscribe to Subcontractors RSS FeedMassive 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, SubcontractorsThousands 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
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, UncategorizedThe 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
The Slavin Doctrine is Alive and Well – Ask CSK’s Clients!
Posted in Architects, Construction, Contractors, Design Professionals, Engineers, Professional Liability, SubcontractorsCole, Scott and Kissane (“CSK”) recently won two very significant personal injury cases arising from construction projects on behalf of design professionals based on the Slavin Doctrine. The Slavin doctrine prevents an injured Plaintiff from holding a contractor liable for injuries caused by a patent, or obvious, defect in construction after control of the property… Continue Reading
Appellate 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
Preserving Coverage Defenses – The Latest Word
Posted in Construction, Insurance, SubcontractorsFor an insurer, numerous obligations are triggered upon notification of the existence of a claim. One of these is when a coverage defense can be asserted. The United States Court of Appeals for the Eleventh Circuit recently clarified that in order to raise valid coverage defenses and steer clear of preventable pitfalls, insurers must be… Continue Reading
Bid Shopping Still in Vogue, Ask the Subcontractor
Posted in Architects, Bids, Construction, Construction Contracts, Contractors, SubcontractorsThe crude reality for most construction subcontractors is that after expending much time, effort and resources in preparing the lowest bid for a general contractor that is, itself, bidding a construction project, the general contractor will take the lowest subcontractor bid and go bid shopping after it is awarded the contract. A subcontractor’s conditional… 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, SubcontractorsThe 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
Time’s up!: Florida Supreme Court may Consider Statute of Limitations Dispute in Multi-Party Construction Defect Claim
Posted in Construction, Engineers, Statutes of Limitations, SubcontractorsTime’s up! That’s never a phrase we want to hear. It evinces memories of school tests and entrance exams. Well, in the legal arena, deadlines are all the more critical. Litigants often fight over filing deadlines for cases, or statutes of limitation, in the prosecution and defense of claims. Most recently, the First District Court… Continue Reading
Contractor’s Home Office Overhead Likely Unrecoverable
Posted in Construction, Construction Contracts, Contractors, Delays, SubcontractorsWhen public construction projects are delayed by the government, contractors are often unable to bid on additional jobs and perform other work during the delay period. As a result, contractors often seek damages from the government for extended home office overhead during this delay, commonly referred to as Eichleay damages. However, courts have continually limited contractors’ ability to recover these costs by imposing burdensome requirements, which… Continue Reading
Difficulties a Contractor Faces When Dealing with Change Work
Posted in Architects, Change Orders, Construction, Construction Contracts, Contractors, Design Professionals, Professional Liability, SubcontractorsThe Magazine of University of Florida’s School of Building Construction recently published an article written by David Salazar. The article is a primer on the difficulties a contractor faces when dealing with change order work. Additionally, the article sets forth the inevitable problems a contractor encounters and provides some risk management tips that can help… 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
Florida Legislature Cracks Down on Unlicensed Practice of Mold Assessors and Mold Remediators
Posted in Construction, Construction Licensing, Subcontractors, SuretyStarting on July 1, 2011, the Florida Legislature began the full enforcement of the unlicensed practice of mold assessors and mold remediators. This means that anyone holding themselves out to be a mold assessor or mold remediator needs to be licensed through the Department of Business and Professional Regulation (“DBPR”) before he or she can… Continue Reading