Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Tag: Statute of Limitations
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Cesar Avila and Joy Lundeen | Bilzin Sumberg Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction goes awry, owners and developers often seek legal recourse against their design professionals. Over the last… Continue reading Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Ralf Rodriguez | Cozen O’Connor On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Florida’s Tort Reform and its Impact on Subrogation
Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis. The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation
Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
David Adelstein | Florida Construction Legal Updates Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4). Stated another way,… Continue reading Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations