Keeping Claims Files Confidential: “Work-Product” Privilege for Construction...
The vast majority of construction disputes do not begin with the filing of formal litigation. In fact, Florida Statute § 558.004 protects against any “first-notice” lawsuits by requiring that notice...
View ArticleA Tale of Two Districts: Florida Courts Split on the Application of Relation...
The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect...
View ArticleA Federal Court Takes Soft Stance on Offensive Language and Conduct on...
Often times, sexual harassment in the workplace involves a male employee making inappropriate comments or gestures to another female employee. However, a construction site is a unique working...
View ArticleCSK Trial Win
George Truitt and Daniel Levin recently defended an architect and his firm against a claim by a homeowner relating to the design of the HVAC system in an 8,000 square foot, custom home on the...
View ArticleMassive Cost Overruns at World Trade Center Project – Unfortunate Situation...
Thousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks. Although the construction of the World...
View ArticleThe Benefits of Written Arbitration Agreements in an Online World
In an increasingly digital and cost-conscious business environment, many companies in the construction industry may desire to provide its terms and conditions for dispute resolution in arbitration to...
View ArticleFlorida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair
Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees. The...
View ArticleInsurer’s Total Pollution Exclusion Valid According to U.S. Southern District...
Due to the use of Chinese drywall in construction projects, there has been an advent of class action litigation against contractors and suppliers of Chinese drywall for personal injuries and property...
View ArticleThe “Fiscal Cliff” and the Construction Industry
After a spirited election season and as we wind down toward the end of the year, the elected officials in Washington D.C. are in the midst of a strong debate regarding the tax increases and budget cuts...
View ArticleConstruction Group Win
David Salazar and Daniel Levin of Cole, Scott & Kissane’s construction law group recently obtained a final judgment against 9 Plaintiffs in the defense of a roofing contractor awarding the...
View ArticleSubsidized Housing Programs – Benefits for All
While people have competing views as to subsidized housing and who should bear the burden of funding said projects, the benefits to the communities which play host to such communities cannot deny the...
View ArticleLiability Releases with Warranty Repairs – A Proactive Defense
Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier...
View ArticleFlorida Statute § 768.0425: Who do we protect?
The failure to have a proper license as a contractor, where a license is required, may have adverse consequences to the party performing the work. Work done by an unlicensed contractor may result in...
View ArticleCSK’s Capitol Report – Senate Bill 286; House Bill – 575
Florida’s 2013 Legislative session kicks off tomorrow, Tuesday March 5, 2013. This legislative session, CSK’s Construction Law Division is closely following Senate Bill (“SB”) 286 titled Design...
View ArticleEconomic Loss Rule – A Narrowed Approach
The Florida Supreme Court has finally taken the Economic Loss Rule head-on and has attempted to address an issue that has created much litigation. On March 7, 2013, the Court released its opinion in...
View ArticleSCHOOL OF CLAIMS SEMINAR
SCHOOL OF CLAIMS SEMINAR April 25 – 26, 2013 JW Marriott Orlando Grande Lakes Resorts MARK YOUR CALENDAR! Cole, Scott & Kissane is pleased to announce that on April 26, 2013, we will be once again...
View ArticleCSK’s Capitol Report – Update on the Design Professional Limitation of...
As we have previously posted, we have been closely monitoring Senate Bill (“SB”) 286 and House Bill (“HB”) 575, which have moved quickly through their respective committees and chambers with little...
View ArticleDesign Professional Limitation of Liability Law Approved by Governor
The Design Professional Limitation of Liability Act, that we have been following and discussing here and here, outlined in the version of SB 286 that ultimately passed both the Senate and House has...
View Article“Daubert” Standard for Expert Testimony in Florida?
For years, Florida has been one of only 10 states that follow the “Frye” standard relating to the admission of expert testimony at trial. This may be changing, as a Florida Senate Panel recently...
View ArticleRecent Application of “Betterment” Defenses – Getting No More Than You...
It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus...
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