Sometimes it is necessary to remove someone from your property. There are a number of legal theories that involve someone entering upon real property and the claim that a landowner ultimately asserts depends on the relationship it has with the actor. A person with no right to real property who […]
When a party wishes to construct, erect, alter, modify, repair or demolish any building in the state of Florida, obtaining a building permit is the crucial first step. Fla. Stat. § 5531.79(1). However, state agencies have the authority to deny or revoke a building permit if any plans regarding a building are not in conformity with the Florida Building Code.
As I mentioned in a previous post, when a construction project encounters problems, and especially when a suit is filed, a property owner will seek every bit of leverage he or she can get against the contractor handling the project. This may include, for instances, threats by the property owner […]
Sometimes during the course of a disputed matter, you find out that one of the witnesses to the action is deceased. This presents a problem for obvious reasons since that witness was not deposed in the case yet. This situation often arose in a business litigation matter concerning the value […]
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing.
On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due.
In Florida, an insurance company may have a duty to defend and/or indemnify its insured. The insurance company’s duty to defend its insured (as in defending the insured in a lawsuit) is broader than its duty to indemnify (as in paying for damages caused by the insured). The duty to defend is separate and apart from the duty to indemnify.
When entering into a commercial construction contract to build a commercial building, landowners should be aware of certain contract issues that can cause future legal problems. This article is designed to address some of the more common issues seen in commercial construction contracts, and what landowners should pay attention to before entering into any contracts for the construction of a commercial building.
Service of process is likely an issue about which many attorneys and parties don’t give much thought; it’s a standard procedure conducted hundreds if not thousands of times a day across the country, and is usually done through a professional process server. However, when attorneys deviate from the standard procedure of sending a lawsuit to a process server and allowing them to effectuate service, whether due to cost or strategic considerations, it is easy to run afoul of the Florida and Federal Rules of Civil Procedure.
Under Florida law, individual design professionals can be held liable for professional negligence, even if they did not personally contract for the professional services. Moransais v. Heathman. Moreover, Florida’s statutes governing engineering, architecture and geology make clear that individual design professionals are not automatically absolved of liability simply because they are not parties to a contract.