UPDATED THROUGH SEPTEMBER 4, 2012
Contracts - Implied Warranty of Habitability. Can a homeowners' association bring a claim for breach of common law implied warranties of fitness and merchantability - also referred to as a warranty of habitability - against a builder/developer for defects in roadways, drainage systems, retention ponds, and underground pipes in a residential subdivision or are such claims required to be brought by individual homeowners. Moranda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n, Inc., Nos. SC10-2292; T.D. Thomson Constr. Co. v. Lakeview Reserve Homeowners Assn'n, SC10-2336 (review granted Apr. 20, 2011). DCA decision: 48 So. 3d 902 (Fla. 5th DCA 2010). Status: decision pending; supplemental briefing completed; Oral Argument Video (Dec. 6, 2011).
Enforcement of Contract – Unlicensed Contractor. Does Florida Statutes § 489.128, which prevents an unlicensed contractor from enforcing a contract preclude other parties to the contract from enforcing the contract against the unlicensed contractor? Earth Trades, Inc. v. T&G Corp., No. SC10-1892 (review granted Oct. 21, 2011). DCA decision: 42 So. 3d 929 (Fla. 5th DCA 2010). Status: decision pending; Oral Argument Video (Apr. 11, 2012).
Statute of Frauds – Estoppel. Where a seller orally promises to extend a contractual due diligence period, despite the fact that the initial contract mandates that all binding modifications be in writing, can the court apply equitable estoppel to prevent the seller from relying on the statute of frauds? DK Arena, Inc. v. EB Acquisitions, LLC, No. SC10-897 (review granted Nov. 5, 2010). DCA decision: 31 So. 3d 313 (Fla. 4th DCA 2010). Status: decision pending; Oral Argument Video (Sept. 7, 2011).
