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From Our Newsletter

FRSA Advocates on behalf of Roofers in Washington D.C.

On March 6 & 7, 2018, FRSA joined forces with the National Association of Roofing Contractors for the first ever Roofing Day in Washington, D.C. Roofing Day was a chance for roofing professionals from across the country to meet with Congress members to make sure their collective voice was heard. With at least 45 attendees, many […]

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Inlet Marina of Palm Beach, Ltd. v. Sean Diversified, Inc., 4D17-1406, 2018 WL 636210 (Fla. 4th DCA Jan. 21, 2018)

The marina brought an action against an engineer regarding the design of a concrete runway slab between a boat barn and boat launch area because of cracking, spalling, and other deterioration that developed over time. The engineer filed a motion for summary judgment arguing the statute of limitations had run, which the trial court granted. […]

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Blok Builders, LLC v. Mastec North America, Inc., et al., 43 Fla. L. Weekly D253b (Fla. 4th DCA Jan. 31, 2018)

Bell South contracted with Mastec to provide access to underground utility lines. Mastec subsequently contracted with Blok Builders to perform the excavation work. A homeowner sued Blok when a residential driveway collapsed causing personal injury. Blok then sued Bell South and Mastec. Bell South and Mastec responded with contractual indemnity claims against Blok. Blok argued […]

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Tennessee Statute of Repose

Each state imposes a strict time period in which a building or property owner may bring an action against a contractor, architect, engineer, or other construction professional for a construction defect; referred to as a statute of repose. Statutes of repose vary significantly between states. For example, Tennessee’s statute of repose states that the owner […]

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Florida Statute of Limitations on Construction Defect Claims

A new Florida law went into effect on July 1, 2017 to clarify the start of the limitations period on construction claims. Under the old Florida law, construction defect suits had to be brought within four years from the end of the project, meaning the clock for the statute of limitations for construction defects typically […]

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Beware: Texas Courts will Nail Roofers for Acting as Public Adjusters

The abundance of storm damage from the 2017 hurricanes has brought to light an important and costly lesson for contractors repairing the damage where insurers are involved: be careful not to cross the line between being a contractor for the insured and being the insured’s negotiator with its insurer.  The case of Lon Smith & […]

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Florida Homeowners’ Recovery Fund Now Applied to Division II Contractors

As of July 1, 2016, Division II contractors are now required to insert a statutory warning in any residential contract that exceeds $2,500.  The warning is as follows: FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A […]

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OSHA VIOLATIONS AND THE WHISTLEBLOWER ACT

Employee statements can make or break your defenses against OSHA Citations. However, as an employer, the contractor is not entitled to review the employee statements under certain federal laws commonly known as the Whistleblower Act. Therefore, it is impossible to know exactly what facts the employee written statements contain. Notwithstanding this, it is always advisable […]

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CASE LAW UPDATE: KEDDO ENTERPRISES

Keddo Enterprises, LLC. V. The Florida Building Commission, Florida 5th DCA, Case No. 5D14-3846 (September 4, 2015). Keddo Enterprises, LLC, manufactures and markets a product called “Storm Stoppers.” This is a lightweight panel designed to be an alternative to plywood for protection against hurricanes and windstorms. Keddo appealed an order by the Florida Building Commission […]

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Indemnification and The Statute of Repose

We have previously written on the difference between the statute of limitations and statute of repose with regard to construction related disputes. As a refresher, in the construction defect context, a claimant has four years to file suit from the date they knew or reasonably should have known with the exercise of due diligence the […]

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