Owner Liability in the Context of Construction: Seeking to Circumvent[...]

September 15, 2018
Despite the best safety practices implanted con construction jobsites, injuries occasionally occur during construction.  If contractors are properly insured with workers’ compensation coverage, all contractors on the job site should[...]

Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview[...]

October 30, 2013
The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty[...]

Liability Releases with Warranty Repairs - A Proactive Defense

January 23, 2013
Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier for a subrogation claim[...]

No Common Law Implied Warranty of Habitability Applies to Surrounding[...]

April 12, 2012
The Florida Legislature recently passed legislation that is very favorable for developers. More specifically, the legislation appears to eliminate future exposure of developers to claims for common law implied warranties of[...]

An Alleged Breach of a Promise to Deliver a Completed[...]

April 10, 2012
Developers must take precaution when making promises regarding completion of construction, especially in light of new Florida case law holding that a claim against a developer for breach of promise to deliver a completed condominium is measured from the[...]
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