Construction Defects

  • THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING

    … Destructive testing is a routine investigatory procedure in construction defect disputes. The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol. Destructive testing is designed to answer numerous questions: Why did the building component fail? Was the building component…

    Florida Construction Legal Updates- 7 readers -
  • “IS THE DEFECTIVE WORK COVERED BY INSURANCE?”

    … not be further from the truth. Don’t get me wrong – liability insurance is important; it is very, very important. However, liability insurance does not cover the risk of an insured’s defective work. Rather, liability insurance is designed to cover the risk of resulting damage: damage resulting from defective work. This is a significant distinction and one…

    Florida Construction Legal Updates- 15 readers -
  • SPEARIN DOCTRINE AS AN AFFIRMATIVE DEFENSE

    … The Spearin doctrine, referred to as the implied warranty of constructability doctrine, is oftentimes utilized as an affirmative defense by a contractor being sued for construction defects. Under the Spearin doctrine (recognized in the government contract setting), a contractor is NOT liable for defects in the plans and specifications furnished…

    Florida Construction Legal Updates- 18 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    … District reversed the trial court’s summary judgment as to the indemnification claim, but affirmed the trial court’s dismissal of the contribution claim (as Florida abolished joint and several liability in negligence-based actions): Further, as appellant [contractor] sought indemnity for violations of both statutory and non-statutory building…

    Florida Construction Legal Updates- 10 readers -
  • FRAUDULENT NONDISCLOSURE / CONCEALMENT AND RESIDENTIAL PURCHASE-SALE CONTRACTS

    … the defects / fact that materially impact the value of the property. Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding fraudulent nondisclosure or concealment claims or construction defects. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. …

    Florida Construction Legal Updates- 13 readers -
  • CGL INSURER LIABLE FOR ATTORNEY’S FEES JUDGMENT AGAINST INSURED

    … decision, Mid-Continent Casualty Co. v. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA 2015), an owner obtained a judgment against its contractor in a construction defect case. The court then entered a judgment for attorney’s fees and costs in favor of the owner. The owner then initiated a proceeding against the contractor’s CGL insurer to recover…

    Florida Construction Legal Updates- 9 readers -
  • VIOLATION OF THE BUILDING CODE IS A QUESTION OF LAW

    … In construction defect disputes, oftentimes the owner (or developer or association, as may be applicable) will assert a claim against the general contractor, and perhaps, subcontractors for a violation of the building code. Such a claim is authorized pursuant to Florida Statute s. 553.84 that provides: Notwithstanding any other remedies…

    Florida Construction Legal Updates- 12 readers -
  • COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT

    …. The same experts utilized to support the allocation can be utilized to support the reasonableness of the allocation for covered claims / damages. Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding insurance considerations in construction defect disputes. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. …

    Florida Construction Legal Updates- 12 readers -
  • THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES

    … There is an affirmative defense referred to as betterment in construction defect cases. This is a defense raised to challenge the amount of damages incurred by the plaintiff when the plaintiff performs repairs BETTER than the original design / contract documents. See Grossman v. Sea Towers, Ltd., 513 So.2d 686, 688 (Fla. 3d DCA 1987…

    Florida Construction Legal Updates- 55 readers -
  • DID I JUST BUY THE MONEY PIT?

    … demonstrates triable issues of fact about what that condition was, what the sellers knew about it, what disclosures were made, and whether those disclosures were accurate. This means the buyer is able to let the trier of fact (jury or judge) determine the issue of whether the seller knew of the construction defects but failed to disclose them…

    Florida Construction Legal Updates- 6 readers -
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