Design Professionals

House Bill 837 and its Potential Implication on Construction Litigation

April 12, 2023
On March 24, 2023, Governor DeSantis signed into law House Bill 837, with the goal “to decrease frivolous lawsuits and prevent predatory practices of trial attorneys who prey on hardworking[...]

Comparative Breach of Contract - The New Benefit of the[...]

September 16, 2020
Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81,[...]

Statute of Limitations: Triggers in Design Cases

August 31, 2018
The Florida Supreme Court is grappling with a determination of jurisdiction on a matter that arises out of a construction and design deficiency claim from Palm Beach County, Florida. In[...]

Professional Negligence in Construction: Which Statute of Limitations Applies?

April 7, 2017
It is a fairly common fact pattern in construction defect claims:  A design professional, such as an architect or engineer, is contracted by a client to provide a design, and[...]

Complex Business Litigation Court Upholds Design Professional’s Duty Defense under[...]

May 16, 2016
David Salazar, Esq., a partner in Cole, Scott & Kissane’s (“CSK’s”) Construction Group, recently filed and argued a Motion for Judgment on the Pleadings (the “Motion”) on behalf of a[...]

Insulating Design Professional from Individual Liability

April 24, 2012
Since the mid 1980s, the design professional community relied upon Florida Power & Light Company v. Mid-Valley, Inc., 763 F. 2d 1316 (11th cir. 1985) as an accurate statement of[...]

Independent Engineering Firms Hired To Evaluate A Design-Build Contractor’s Work[...]

April 3, 2012
A Florida federal court recently issued a favorable decision for design professionals holding that design professionals do not automatically owe a duty or obligation towards design build contractors. In Recreational Design[...]

Competitive Bidding Statute Potentially Violated By Offer of Design Professional[...]

March 29, 2012
A Florida federal court recently construed Florida's competitive bidding statute to include an offer by a design professional to pay real estate commissions. Design professionals must be aware that various incentives offered in connection[...]
total pages: 1