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Florida Construction Legal Updates

I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work.  When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages.  How are you going to prove your damages?  Next, what evidence are you going to use to […]

The post ECONOMIC WASTE DOCTRINE AND CONSTRUCTION DEFECTS / NONCONFORMING WORK appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 21, 2023, 2:55 pm

Here comes the discussion of an appeal I was intimately involved in dealing with a construction lien. See Suntech Plumbing and Mechanical Corp. v. Bella Isla, LLC, 2022 WL 14672765 (Fla. 3d DCA 2022).  Unfortunately, it was a losing result on my end but not a losing result to the issue at-hand.  You should ask […]

The post UNPREDICTABLE OPINION REGARDING CONSTRUCTION LIEN (REINSTATEMENT??) appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: January 14, 2023, 3:07 pm

An interesting case came out of Florida’s Fourth District Court of Appeal that touches upon two important points. First, the independent tort doctrine does not apply when there is not a contract between the parties. Second, an officer cannot escape fraud simply by claiming his or her actions were done as an officer of the […]

The post PARTY CANNOT SKIRT OUT OF THE VERY FRAUD IT PERPETRATES appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: December 27, 2022, 12:24 pm

If you are in a construction dispute where you are pursuing a construction lien foreclosure action, recording a lis pendens is crucial. Did I say crucial? “[O]ne purpose of a notice of lis pendens is to alert all others that title to the property is involved in litigation and that ‘future purchasers or encumbrancers of […]

The post RECORDING A LIS PENDENS IS CRUCIAL appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: December 17, 2022, 2:49 pm

A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy.  Many times, policyholders (insureds) do not fully understand or appreciate these two important duties. They need to and this is […]

The post UNDERSTANDING LIABILITY INSURER’S TWO DUTIES: TO DEFEND AND TO INDEMNIFY appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: December 10, 2022, 9:06 pm

This is short article on summary judgments.  A motion for summary judgment, as you may already know, is a procedural vehicle to try to dispose of issues or claims in a lawsuit, either partially or fully.  The objective is that the moving party claims that there is no genuine issue of material fact and that […]

The post “GENUINE” ISSUE OF “MATERIAL” FACT AND SUMMARY JUDGMENTS appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: December 3, 2022, 4:26 pm

In the federal procurement arena, there is a concept known as “constructive suspension.” Constructive suspension, while known in the federal arena, should reasonably apply to all projects when work is stopped outside of an express order to stop the work based on the law below.  An unreasonable suspension is an unreasonable suspension and an express […]

The post CONSTRUCTIVE SUSPENSION (SUSPENSION OUTSIDE OF AN EXPRESS ORDER) appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: November 19, 2022, 7:31 pm

A professional services exclusion in a commercial general liability policy means something.  It’s an exclusion an insurer will rely on to avoid insurance coverage based on “professional services” performed or rendered by the insured.  Don’t take it from me.  Take it from the recent opinion in Colony Insurance Company v. Coastal Construction Management, LLC, 2022 […]

The post PROFESSIONAL SERVICES EXCLUSION IN CGL POLICIES appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: November 12, 2022, 6:09 pm

One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule.  Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis regarding “other property” damage for […]

The post PRODUCT LIABILITY ECONOMIC LOSS RULE AND “OTHER PROPERTY” DAMAGE appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: November 5, 2022, 6:00 pm

When it comes to workers compensation law, as a contractor, there are a couple of important considerations.  One, you will be deemed a statutory employer.  And two, you want your subcontractors (and, of course, yourself) to have workers compensation insurance so that you can enjoy the protection of workers compensation immunity.  Workers compensation immunity provides […]

The post VALUE IN BEING DEEMED “STATUTORY EMPLOYER” UNDER WORKERS COMPENSATION LAW appeared first on Florida Construction Legal Updates.

Author: Edward Garber
Posted: October 29, 2022, 3:06 pm
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