Category Archives: Defective Construction
Common Questions About The Spearin Doctrine Under Florida Construction Law
Construction specifications are extremely complicated and may sometimes change due to worksite conditions, so they are rarely 100 percent perfect. However, the plans prepared by a design professional should at least provide sufficient, accurate detail to accomplish the intended outcome. You might be surprised at how issues can snowball, but the statistics are revealing:… Read More »
Options To Mitigate Damages In Florida Defective Construction Claims
Florida contractors invest considerable resources and effort to assess specifications and carry out essential tasks to complete a construction project, on time and on budget. Despite these best intentions, claims for construction defects under Florida law are an unfortunate reality. Errors in the design, planning, construction, and remodeling can cause personal injury accidents and… Read More »
Time Restrictions In Florida Construction Defects Claims
Time limitations apply to both criminal and civil cases in Florida, including personal injury suits, breach of contract actions, and claims for defects in construction projects. The law imposes deadlines on all types of actions and is commonly referred to as a statute of limitations, though there are other provisions as well. The point… Read More »
Three Breach Of Implied Warranty Claims Under Florida Construction Law
In its most basic sense, an implied warranty under Florida new construction law is one party’s promise to perform services according to terms or standards that may not be expressly stated in the contract. Of course, because the term means “strongly suggest,” a lot is open to interpretation on either side of an implied… Read More »
3 Florida Construction Defect Laws Contractors Need to Know
As a Florida contractor, your vast knowledge in the construction industry covers materials, labor, equipment, and many other details necessary to successfully complete the project. However, you may be somewhat lacking in the minute details contained in Florida’s construction defects statute, associated regulations, and procedural rules – and this is understandable. Given all the… Read More »
4 Construction Defects That Derail Florida Contractors
Whether your project is big or small, residential or commercial, or for a person or entity, there is a good chance that you will face allegations of a construction defect at some point. For Florida contractors, customer concerns and complaints are just a part of doing business. Still, while there are many construction defect… Read More »
How Does “Common Law Indemnification” Work in Construction Lawsuits?
Many construction contracts contain indemnification clauses. Such clauses can shift the legal responsibility for any damage arising from defective construction from one party to another, such as from a general contractor to a subcontractor. But even in the absence of such agreements, there are situations where Florida common law may provide for indemnification of… Read More »
Louisiana Court Continues to Resolve Claims from Defective Chinese Drywall Litigation
Florida residents are no strangers to major hurricane activity. Unfortunately, the destruction of a major storm often requires the rebuilding of thousands of homes. While this short-term housing boom is great for contractors, it can also place enormous strain on the supply chain. Between 2004 and 2006, the devastation of Hurricane Rita and Hurricane… Read More »
How Abandoning a Construction Project Can Affect Your Coverage Under a CGL Policy
Defective construction claims can prove costly for a Florida contractor. To help guard against such claims, contractors take out commercial general liability (CGL) insurance policies. But having a policy is no guarantee that the insurer will defend against a defective construction claim. Consider a federal appeals court decision from earlier this year, Southern-Owners Insurance… Read More »
How Florida’s New “Right of Contribution” Will Affect Defective Construction Lawsuits
Defective construction lawsuits often lead to a mad scramble among the insurance companies covering the underlying project. It is often the case that two or more insurers have a legal duty to defend against the same lawsuit. But these duties typically exist independently of one another. In other words, say a given construction project… Read More »
