Part I of this posting discussed various considerations with proving contractor negligence in Florida. Part II of this posting will discuss defenses and hurdles in proving such negligence. Just as the Plaintiff has the burden of proof on its negligence claim, the contractor defending such negligence claim has the affirmative burden to prove its defenses. Contractor defenses can be based in legal theory or factual accounts, but both are designed to thwart the notion that the contractor has breach its duty of care in the construction.
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