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Construction Law Newsletter – Amendment to Notice of Defect Claim

The process of resolving a construction or design defect claim in Florida starts with the claimant providing notice of the claims to the responsible parties.  In some instances, the notice of the claim lacks specificity.  Thus, the recipients of the notice are left wondering about the nature and location of the alleged defect, as well…

Construction Law Newsletter – Sealed Attic Protection

While the research continues regarding the proper use and installation of spray foam installation and sealed attics, many contractors have requested a contract disclaimer.  The following is a short form disclaimer that can be used by roofers where they have concerns over existing conditions involving sealed attic systems: Sealed Attic Liability Exclusion: Contractor expressly disclaims liability…

General Liability and Additional Insureds

“University of Miami v. Great American Assurance Company, 38 Fla. L. Weekly D392a, Case No. 3D09-2010, filed February 2013.  Order of summary judgment in favor of insurer regarding indemnification of attorney’s fees and costs based on beach of insurance policy and bad faith was reversed in favor of the “additional named” party to the commercial…

Insurance and Mediation

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to…

Attorney’s Fees and Arbitration

Jay Raubvogel, et. al., v. Credit Suisse Securities, 38 Fla.L. Weekly, Case No. 4D12-259, issued February 20, 2013: The trial court’s finding that the prevailing parties had waived the right to have the court determine attorney’s fees was reversed in the absence of any such express waiver, not merely implied by a request for fees…

Monumental Economic Loss Rule Case

Tiara Condominium Association, Inc., v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, Supreme Court of Florida, Case No SC10-1022, filed March 7, 2013. In a 5-2 opinion (Polston and Canady dissenting in separate opinions and Justice Pariente concurring in a separate opinion), the court responded in the negative to a re-stated certified…

Engineer Challenge to Project Review

Robert Wood, P. E. v. The Florida Board of Professional Engineers, DOAH Case No. 12-2900 RU, Final Order issued on February 20, 2013: An engineer’s challenge to board’s imposition of a “project review” as a condition of probation was found not to be a statement of general applicability that would require the board to adopt…

Trent Cotney Named Top Rated Lawyer

TAMPA. Fla. – (March 4, 2013) Trent Cotney, of Trent Cotney, P.A. in Tampa, Florida has been named one of Tampa’s top rated lawyers by LexisNexis Martindale-Hubbell presented by Tampa’s Legal Leaders. The ratings are featured in the April 30, 2013 edition of The Tampa Tribune and The Wall Street Journal. As a Board Certified…

Transfer of License Case

Robert Petito v. Department of Business and Professional Regulation, Construction Industry Licening Board, DOAH Case 12-3154(F). The final order entered on January 17, 2013, found that contractor’s successfully overturning a denial of an application to transfer of license from one business entity to another, did not give rise to an award of attorneys fees pursuant…

Application of In Pari Delicto Defense

Earth Trades. Inc. v. T & G Corporation, Case No. SC10-1892, filed January 24, 2013. The Supreme Court held that a general contractor’s knowledge that a subcontractor was not licensed does not create a defense of in pari delicto. As a result, Section 489.128 prohibited an unlicensed utility and excavation contractor from recovering for site…

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