General

Navigating Through the Discovery Differences Between Florida State Courts and Federal Courts

August 30, 2021
It is well known that the Florida Rules of Civil Procedure are patterned after the Federal Rules of Civil Procedure. Both the Federal Rules of Civil Procedure and the Florida[...]

I'm Sorry Ms. Jackson, I [Sovereign Immunity] am For Real

May 7, 2020
The Supreme Court of Florida issued its opinion in Florida Highway Patrol v. Jackson, 2020 Fla. LEXIS 108 (Fla. Jan 23, 2020), which answered the following certified question of great[...]

“Vaccinating” Your Construction Business: An Ounce of Prevention is Worth a Pound of Cure

April 14, 2020
On April 3, Florida Governor Ron DeSantis issued Executive Order 20-91, the Safer At Home Order, restricting all “movements and personal interactions outside of [the] home to only those necessary[...]

Potential Changes to Chapter 558, Florida Statutes

March 6, 2020
In an effort “to promote efficient resolution of claims and reduce litigation,” Florida House Bill 295 (related Senate Bill 1488), introduced in October 2019, contains major changes to Florida’s construction[...]

Construction Defect Claim Not Timely Filed

November 29, 2018
If construction defect claims are not timely filed, Florida Statutes provide design and construction companies with a formidable defense. As a case in point, a Miami-Dade Circuit Court Judge issued[...]

Chapter 558, Commencing an Action, and the Statute of Repose

October 1, 2018
Prior to the Fourth District Court of Appeal’s recent decision in Robert Gindel, et al. v. Centex Homes, et al., 43 Fla. L. Weekly D2112d (Fla. 4th DCA Sept. 12,[...]

Inspected, Accepted and Protected: Recent Appellate Decision Reinforces Breadth of the Slavin Defense

July 1, 2018
In a recent decision, Valiente v. R.J. Behar & Company, Inc., 43 Fla. L. Weekly D1277c (Fla. 3d DCA June 6, 2018), Florida’s Third District Court of Appeal ("Third District") upheld[...]

A New Trigger for Florida’s Statute of Repose?

June 2, 2018
A new amendment to §95.11, Florida Statutes, may impact Construction Law in Florida.  The revision to §95.11(3)(c) was approved by Governor Rick Scott on March 23, 2018 upon the signing[...]

Useful Life: A Valuable Theory for Reducing Damages

April 2, 2018
The situation is one all too familiar to construction defect litigants. A homeowner contracts with a roofing contractor to install a new roof with a life expectancy of ten years.[1][...]

The Time Machine Known as the Relation-Back Doctrine

March 15, 2018
While considered procedural, the “relation back doctrine” has a substantive effect that can either be a life-saver or a frustration (depending on what side of the issue you are on). [...]
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