David Adelstein | Florida Construction Legal Updates In an interesting dichotomy, which statute of limitations applies to professional malpractice claims relating to construction claims, i.e., in the construction context? Is it the two year statute of limitations in Florida Statute s. 95.11(4)( a) that governs professional malpractice claims or is it the four year statute of limitations in Florida Statute s. 95.11(3)(c) that governs actions “founded on the… Continue reading Professional Malpractice Statute of Limitations in Construction Context
Month: July 2023
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Garret Murai | California Construction Law Blog The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code section 830.6, which protects public entities from claims alleging dangerous conditions on public property if the design was approved by a public agencies’ legislative body or their designee,… Continue reading California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
David R. Cook, Jr. | Construction and Procurement Blog We have been following the protracted legal battle concerning Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. This case had been litigated at the Supreme Court and resulted in legislation. In the latest round, the Supreme Court answered whether Georgia’s statute of repose for construction… Continue reading Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
Florida’s Shortened Statute Of Repose For Construction Defect Claims
Sean P. Ravenel | Butler Weihmuller Katz Craig On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute 95.11(3), which sets forth certain requirements that property owners must… Continue reading Florida’s Shortened Statute Of Repose For Construction Defect Claims
Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida
William Rabb | Insurance Journal Florida lawmakers this year approved a measure that could help reduce liability insurance premiums for home and condo builders – and limit exposure and litigation for liability insurers. But Senate Bill 360, which took effect in April, could also make it more difficult for property insurers to bring construction-defect subrogation… Continue reading Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida