• Planning;
• Providing drawings and specifications;
• Conducting inspections and surveys;
• Designing landscape architecture;
• Interior design; and,
• Other aspects of a construction project.

Any errors, omissions, or oversights in these areas can spell major trouble, especially since general contractors and lower tier subcontractors rely on the specifications. Design professionals can be held accountable for these mistakes, but liability is complicated. A Florida design professionals attorney can advise you on the legal theories you might pursue if you suffered losses – or which you might be forced to defend if you are facing allegations of error. 

1. Common Law Standard of Care: Design professionals may be subject to a standard of care based upon court opinions on the topic, in both federal and state cases. In Florida, a design professional is required to render services in accordance with what a similar professional would provide under the same or similar circumstances. The common law standard of care is implied in design contracts, absent provisions to the contrary.

Therefore, the analysis starts with how a hypothetical architect or engineer would address the situation. If the design professional deviated from this standard of care, an aggrieved party could have grounds to claim breach.

2. Contractual Standard of Care: From the perspective of a design professional, it is critical to note that the common law standard could be affected by the terms of the construction contract. If an engineer agrees to duties that are beyond those required by the ordinary standard of care, he or she will be bound to comply with these provisions. The legal remedy for the aggrieved party is similar to #1 above: A claim for breach of the contractual standard of care.

3. Breach of Express Warranty: Though not as common as #1 and #2 above, a party may have rights when the design professional made an express promise and did not deliver. The standard of care is irrelevant to this claim. Instead, the theory of liability focuses on contracts law. The design professional may be liable for warranting that the architecture or engineering work would meet certain criteria. Failure to comply is a breach of express warranty.

Consult with a Florida Design Professionals Lawyer for Details

Liability of architects, engineers, interior designers, and other design professionals is complex, but keep in mind that it is not always necessary to go to court to resolve disputes. There are options to get your project back on track through negotiations or alternative dispute resolution, which reduces cost and time as compared to litigation. To learn more, please contact Linkhorst Law Firm, P.A. to set up a consultation with a member of our team. You can reach our offices in Palm Beach County by calling 561-626-8880 or visiting us online.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0481/0481ContentsIndex.html&StatuteYear=2022&Title=%2D%3E2022%2D%3EChapter%20481

Linkhorst Law Firm, P.A., located in Jupiter, FL is looking to immediately hire an associate attorney.

Ideally, the candidate will have a couple of years of Florida experience, practicing in the areas of construction law, commercial litigation, insurance defense or handling first party insurance claims. Transactional, insurance coverage and general litigation experience will also be considered.  We are a small, busy law firm specializing in construction law. Our cases are located primarily in South Florida. We offer an excellent work environment and benefits. The salary will be commensurate with experience. The associate will be asked to handle their own cases and work with senior attorneys on more complex matters. The associate should be a self-starter and be adept at advancing cases through litigation process.

Please send resumes to: Adam Linkhorst at acl@floridahardhatlaw.com.

However, construction contractors should also know what to do when safety measures fail and a worker is injured. Preparation is a smart strategy for minimizing the cost and impact of construction accidents, and a Florida contractor representation lawyer can guide you in developing specific policies. You might also benefit from reviewing four key tips that can prevent you from being caught off-guard. 

1. Always Be Prepared: The best approach to workplace accidents in the construction industry is to assume that an incident can happen at any time, even when all safety protocols are met. When you are prepared, you can mount a quick response that may reduce the severity of the injury AND lessen the financial implications. Consider developing policies around risk and response, which concentrates on minimizing the most dangerous workplace conditions. For instance:

• Create a checklist for construction accidents;
• Keep first aid kits stocked and easily accessible in the proper areas;
• Make sure all employee files have updated emergency contacts; and,
• Retain a safety officer for ongoing consultation. 

2. Immediately Assess and Respond: When an accident does occur, contractors and/or safety officers must:

• Get the injured worker to a safe space, when possible without causing additional injury.
• Assist by providing first aid and stabilizing the injury, and contact emergency medical services if the employee requires additional care.
• Evaluate the accident causes and contributing factors.
• Address any factors that could put other employees at risk of harm.
• Gather evidence, get details from witnesses, and write down your recollection of what happened. 

3. Follow Up with the Workers’ Comp Process: Depending on the circumstances, your employee may file a workers’ comp claim under your insurance policy. Instead of taking an adversarial approach to the claims process, consider the fact that workers’ comp exists to get your workers healthy and back on the job promptly – which also supports your business objectives. Contractors can streamline things by communicating and assisting injured workers. 

4. Assist with Additional Steps: There is the potential that a claim will turn into a lawsuit, so rely on your contractor representation lawyer to advise you. You can support these efforts by providing details and documentation, which might enable a settlement rather than litigation. 

Our South Florida Contractor Representation Attorneys Will Advise You

This overview of your responsibilities after a workplace accident is helpful, but construction contractors need customized legal advice in a real-life situation. Our team at Linkhorst Law Firm, P.A. has the experience and skills to protect your interests, so please contact our offices in Jupiter, FL today to set up a consultation.

Resource:

myfloridacfo.com/division/wc/employer/coverage.htm

Please stay safe and be well.

Adam C. Linkhorst, Esq.

Managing Partner

On Wednesday, February 20th, Adam Linkhorst (top left) was sworn in (again) as a board member and general counsel for the AGC Florida East Coast Chapter.  The 70th Annual Meeting & Installation of the Board was attended by 100+ members and guests which was located at the Hilton West Palm Beach.   Linkhorst Law Firm, PA was also a proud sponsor of the event!

Boynton Beach Vice Mayor Christina Romelus’ now public email which stated that Palm Beach County Mayor Melissa McKinlay’s apology weakened her stance for women is wrong, rude and unfounded. (″County mayor receives backlash for apology to attorney who made Kavanaugh comments,″ Wednesday)

It came across as angry irrational womanese. The apology was gracious and point-on. In no way did she backpedal on the seriousness of sexual assault, but, rather, attempted to clarify her statement which, personally, I find, commendable. McKinlay didn’t apologize for what she said but, rather, the manner in which it was said. Big difference.

Good manners, kindness, compassion, civility, ethics and being a big enough person to apologize when appropriate are what’s missing in today’s society. Romelus’ lack of support of McKinlay demonstrates a lack of support for all women far greater than the apology ever would.

People who won’t apologize, no matter what, are a large part of what is fueling all this anger and discord we’re having today. And lack of female-to-female support is what lessens the women’s #MeToo movement. If the women can’t support each other, why should we expect others to do so?

Jan Belwood, Palm City

Source:

palmbeachpost.com/opinion/20181019/letters-pbc-mayor-mckinlays-apology-was-gracious

But, “history” was made at Tuesday’s Palm Beach County Commission meeting, Vice Mayor Mack Bernard said.

Related: Attorney compares county vote on disparity to Kavanaugh hearings

Commissioners unanimously approved, on final reading, new rules to address race and gender disparities in county contracting. Studies have shown women- and minority-owned firms have procured fewer contracts than their proportional presence in the local marketplace suggests they should have received.

The vote brought an end to a four-year process marred by controversial comments, and marked by tense and heated meetings — and Tuesday’s was no different.

Mayor Melissa McKinlay said she hopes the community will now be able to heal the divides that have been exposed.

And she did some of that on her own from the dais on Tuesday.

McKinlay apologized to attorney Adam Linkhorst for her delivery of comments she made at a previous meeting earlier this month after Linkhorst compared the commission’s pending vote on the disparity rules to the U.S. Senate’s pending vote on Brett Kavanaugh’s Supreme Court confirmation amid a sexual assault accusation and an FBI investigation.

Read: Another study shows minorities, women fare poorly in PBC contracting

Linkhorst, who represents Associated General Contractors of America, drew the analogy at the first reading of the new rules in asking the commission to hold off on voting because of a lawsuit the county filed against a consultant it hired to review county contracts. The lawsuit seeks to get public records of the consultant’s research, and was sparked in part because of AGC’s demand the county provide it to them.

McKinlay told Linkhorst his comparing of disparity in public contracting to sexual assault allegations against a Supreme Court nominee was distasteful and to not come before the board again making that argument.

On Tuesday, she apologized for her brusk tone. Linkhorst said he appreciated the mayor’s comments and didn’t mean any disrespect.

But the data is still a point of contention, and the lawsuit is still playing out in the courts.

Michelle Depotter, chief executive officer of AGC’s Florida chapter, said it’s disappointing that they can’t get the data. She called the study “flawed” and asked the commission to postpone voting. She also said AGC’s members have “built this county.”

McKinlay told Depotter that she has the toughest job of all and “it’s not easy to be on a different side of this issue.”

The new rules, which go into effect Jan. 1, create a minority- and women-owned business enterprise program. Certain targets have been established that the county needs to reach when awarding a contract. When a new bid for county work is about to go out, a goal-setting committee will determine whether there has been a disparity in that type of work and how to reach those businesses who haven’t had the same opportunities as others.

Verdenia Baker, the county’s administrator, said now is the time for businesses to get certified with the county so they can be notified of any work opportunities the county has. Also, Baker said, companies that are subcontracted need to register as a vendor with the city.

Sylvia Sharps, a resident and small-business owner, said she supports the rules, but reluctantly.

“I want to be hired because I’m qualified. I don’t want to be chosen because the contract or the ordinance that mandates the contract tells you to. I want you to choose me because I can do the job. That’s where I eventually want us to get to,” Sharps said.

Commissioner Steven Abrams agreed with that view. The discussion and topic brought him to talk about his late father, George Ehrlich, who was a Holocaust survivor. When his dad was 10, his dad’s mother bribed the Gestapo with her valuables for visas and the family fled to New York on a ship.

Abrams grew teary-eyed and so did McKinlay.

Said Commissioner Mary Lou Berger: “It’s been a long long haul. This is truly a ground-breaking move forward for Palm Beach County.”

Source:

palmbeachpost.com/news/20181016/palm-beach-county-takes-historic-step-in-addressing-genderrace-disparities

County commissioners gave initial approval Tuesday to new rules to address race and gender disparities in county contracting. But Associated General Contractors of America asked for a postponement and publicly compared the situation to the Senate Judiciary Committee hearings on the sexual assault allegation against Brett Kavanaugh.

Related: Another study shows minorities, women fare poorly in PBC contracting

“Our U.S. Senate was considering whether or not to make a decision — or whether or not a decision should be placed on hold for a brief period of time in order for due consideration to be made and for the FBI to investigate certain allegations concerning Judge Kavanaugh,” Attorney Adam Linkhorst, who represents AGC, said to the Palm Beach County Commission on Tuesday. “This board is faced with a similar situation.”

The analogy drew an immediate rebuke from County Mayor Melissa McKinlay.

“Adam, thank you. I just would like to say that I like you and I appreciate the position and the advocacy you’ve done on behalf of your organization, but to compare the disparity in public contracting to allegations of sexual assault is a bit distasteful,” McKinlay replied. “Please don’t come before this board again and compare this disparity in public contracting to allegations of sexual assault.”

At issue was a request by Linkhorst for the commission to postpone a vote on the new rules because of a lawsuit filed by Palm Beach County. The county is suing the consultant it hired to review contracts in order to get public records that include the names of women and minority business owners who, based on the consultant’s promise of anonymity, described discrimination they faced getting government contracts.

The lawsuit was sparked in part because of AGC’s demand that the county provide it with the consultant’s research.

It was during the discussion of approving the new rules that Linkhorst drew the analogy to last week’s Senate hearings. Linkhorst said “no disrespect was intended.”

He later said he didn’t mean to offend anyone, but that the disparity issue is a “racially-charged situation similar to the Senate that’s politically-charged and dealing with a very sensitive social issue.”

“The whole point was there doesn’t need to be a rush to judgment,” he said.

Despite those uncomfortable few minutes, the commission unanimously voted on the first of two readings to accept an ordinance that creates a minority- and women-owned business enterprise program. The commission will vote a final time Oct. 16 and pending approval, the program will begin Jan. 1.

The ordinance establishes certain targets the county needs to reach when awarding a contract. When a new bid for county work is about to go out, a goal-setting committee will determine whether there has been a disparity in that type of work and how to reach those businesses who haven’t had the same opportunities as others, said Vice Mayor Mack Bernard.

Bernard, who has pushed for the disparity studies and for the contract targets, called Tuesday’s vote “historic.”

Studies for the county and the Solid Waste Authority have shown that women- and minority-owned firms have gotten fewer contracts than their presence in the local marketplace suggests they should have received.

“I have three daughters in this county who attend our public school system, and I just feel like if we don’t fight for our kids and the next generation in terms of making sure that there’s a fair opportunity then why are we doing this job?” Bernard said after the meeting.

Source:

palmbeachpost.com/news/local/attorney-compares-county-vote-disparity-kavanaugh-hearings/3xzVZtbcw3MGwu3IrryWUK/