David Adelstein | Florida Construction Legal Updates In the Florida commercial contract public arena, there is a sovereign immunity doctrine known as the Miorelli doctrine after 1997 Florida Supreme Court decision, County of Brevard v. Miorelli Eng’g, Inc., 703 So.2d 1049 (Fla. 1997). This doctrine would apply to construction contracts between a contractor and a public body. Through the years, the Miorelli doctrine… Continue reading Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts – Not the Be-All and End-All
Tag: Florida
The Water Damage Endorsement Does Not Include “Tear Out” Cost In Cast Iron Pipe Claims
Brian Hohman | Butler Weihmuller Katz Craig Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss. The Fifth District Court of Appeal recently addressed this same fact pattern when considering the limits of what an insurer is required… Continue reading The Water Damage Endorsement Does Not Include “Tear Out” Cost In Cast Iron Pipe Claims
You Can’t Run From That Arbitration Covenant Running With The Land
Matthew Meyer | Shutts & Bowen In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such… Continue reading You Can’t Run From That Arbitration Covenant Running With The Land
5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Jeffrey S. Wertman | Berger Singerman A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims. Here is what you should know: Four Year Statute of Repose. The law will effectively eliminate the 10-year latent defect exception to the statute of repose.… Continue reading 5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Elizabeth Ferguson and Taylor A. Naughton | Marshall, Dennehey, Warner, Coleman & Goggin A new bill has been proposed in the Florida Legislature that would amend the statutes of limitations and repose greatly impacting construction defect litigation. The original bill proposed to rewrite Fla. Stat. 95.11(3)(c) by completely eliminating the ten-year statute of repose for… Continue reading Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation