Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more
Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more
7/10/2015
/ Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
Contractors ,
Damages ,
Duty to Defend ,
General Contractors ,
Indemnification Clauses ,
Insurance Industry ,
Product Defects ,
Real Estate Development ,
Severe Weather ,
Subcontractors ,
Summary Judgment
Whether a business is considered licensed turns on whether that business has a qualifying agent for the type of work to be performed as of the contract’s effective date, regardless of whether that business’s qualifying agent...more
Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more
Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more
FLORIDA STATE CASES -
Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more
1/19/2015
/ Car Accident ,
Community Development Entities ,
Construction Contracts ,
Construction Industry ,
Construction Liens ,
Contractors ,
Department of Transportation (DOT) ,
Design Defects ,
Liens ,
Negligence ,
Payment Bonds ,
Subcontractors ,
Surety & Fidelity
Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction –
Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more
11/25/2014
/ Attorney's Fees ,
Bodily Injury ,
Certiorari ,
Construction Industry ,
Construction Workers ,
Contractors ,
Design Defects ,
Dismissals ,
Federal Rules of Civil Procedure ,
General Contractors ,
Jurisdiction ,
Subject Matter Jurisdiction ,
Wage and Hour
Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more