Jason Bullinger | Rumberger Kirk Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects by persuading a Volusia County Circuit judge that a condominium Association’s lawsuit was barred by Florida’s ten-year statute of repose (Opus Condominium Association, Inc. v. Associated Construction Group… Continue reading Win for Contractors on Start Time of Florida Construction Statute of Repose
Tag: construction defects
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Jason Bullinger | Rumberger Kirk In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been… Continue reading Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Economic Waste Doctrine and Construction Defects / Nonconforming Work
David Adelstein | 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… Continue reading Economic Waste Doctrine and Construction Defects / Nonconforming Work
No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Jim Sams | Claims Journal An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The Barton’s own pleadings in the lawsuit against their contractor doomed… Continue reading No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Your Contractor Messed Up. Can you Fire Them?
Mordy Mednick | Dickinson Wright Suppose you own a commercial building and intend to lease it to various tenants. But before you do, you need to make a number of improvements, so you hire a contractor. The contract between you and the contractor is expected to last approximately one year. However, about seven months into… Continue reading Your Contractor Messed Up. Can you Fire Them?