Homeowners’ Negligence Claims against Builder Bears Significant Relationship to Construction[...]

December 17, 2018
Recently, in Vanacore Construction, Inc. v. Osborn, 2018 Fla. App. LEXIS 18068, 2018 WL 6579205, the 5th District Court of Appeal determined that a homeowners’ claims against a builder for[...]

Duties of Defense and Indemnity in Construction Litigation: A Case[...]

May 16, 2018
The United States District Court for the Northern District of Florida recently issued an order in Morette Company v. Southern-Owners Insurance Company, [1] where the Court addressed whether an insurer,[...]

Certain Contractor Regulations Suspended Following Hurricane Irma

October 16, 2017
Due to the damage caused by Hurricane Irma, and as directed by Governor Rick Scott’s Executive Order 17-245, the Florida Department of Business and Professional Regulation (“DBPR”) issued an Emergency[...]

Retroactive Application of a Construction Subcontract Containing a Merger Clause?[...]

August 25, 2017
Florida’s Fifth District Court of Appeal recently addressed the issue of retroactive application of a construction subcontract on the basis of a merger clause in Don Facciobene, Inc. v. Hough[...]

Florida’s Third District Court of Appeal Suggests Negligent Repairs to[...]

June 22, 2017
Florida’s Third District Court of Appeal (“Third District”) recently addressed the applicable statute of limitations for repairs under Section 95.11, Florida Statutes, including the issue of whether a repair constitutes[...]

Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective[...]

July 1, 2016
In Brock v. Garner Window & Door Sales, Inc.,[1] Florida’s Fifth District Court of Appeal rejected a novel attempt to circumvent Florida’s well-established four-year statute of limitations for all actions[...]

Construction Law Update: Date of Final Payment Integral in Evaluating[...]

July 27, 2015
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[...]

Eleventh Circuit Affirms No Coverage for Cost to Repair Damage[...]

July 15, 2014
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[...]

Florida Statute § 768.0425: Who do we protect?

February 19, 2013
The failure to have a proper license as a contractor, where a license is required, may have adverse consequences to the party performing the work. Work done by an unlicensed[...]

Massive Cost Overruns at World Trade Center Project - Unfortunate[...]

October 16, 2012
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[...]
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