The latest in a series of decisions by the 11th Circuit Court of Appeals confirms an insurers duty to defend contractors against complaints of defective work and damages during construction. The three appeals, stretching from 2019 through 2024, provide a lot of insight into the importance of the allegations of the complaint, how coverage can be affected by them, and the breadth of the duty to defend even where coverage may be questionable.
Read moreCourt Reverses Judgment in Favor of Contractor, Holding That Judgment Against Subcontractor for Similar Claimed Damages Does Not Preclude Suit Against Contractor
The lawsuit arose over claims of defective work asserted against a general contractor and its HVAC subcontractor. After a default judgment was entered against the HVAC subcontractor, and paid by the HVAC subcontractor, the general contractor attempted to have judgment summarily entered in its favor. Though successful at the trial level, the judgment was reversed on appeal by Florida’s Sixth District Court of Appeal.
Read moreFlorida Court Reverses Deceptive and Unfair Trade Practices Act Award Against Roofer
The appellate court determined that because the homeowner was not able to prove they suffered any actual damages as a result of the claimed deceptive or unfair trade practice, the trial court should not have allowed the jury to award damages on the homeowner’s FDUPTA claim.
Read moreCourt Finds That Purchaser of Home Cannot Sue Contractor Who Made Improvements for Seller
Recently, the 11th Circuit Court in Miami-Dade County dismissed a claim filed by the purchaser of a home for negligent construction against a contractor who performed work for the seller. The basis for the decision was the lack of any damages to anything other than the house, meaning there were no personal injuries or damages to other property. Though only a trial court order, the case discusses several recent appellate decisions and provides a good window into how trial courts are applying new cases in a trial setting.
Read moreSubsequent Purchaser Not Required to Arbitrate Claims Over Construction Defects
In a decision released yesterday, the Fourth District Court of Appeal held that a second purchaser of a new construction home was not required to arbitrate its claims for construction defects, despite receiving an assignment of the homebuilder’s warranty from the original purchaser of the home.
Read moreCourt Rejects Subcontractors Claims Related to Leaking Windows; Affirms Payment to Window Supplier in Full
A Miami-Dade appellate court recently rejected a subcontractor’s attempts to back-charge a window contractor for damaged windows after the window contractor presented sufficient evidence that the windows were in good condition when they left the fabrication shop.
Read moreA Surety Can Rehire the Contractor the Property Owner just Fired
Just because a property owner fires a contractor from a project doesn’t mean the surety can’t hire that contractor to finish the project.
Read moreSubsequent Owner of Property May be Able to to Sue for Hidden Construction Defects
When a project goes sideways and the parties settle, a subsequent property owner may still be able to sue for latent defects.
Read moreEngineer Inspections Are Not Governed by the Statute of Repose
When an engineer inspects the structural integrity of a home, does it sufficiently relate to the design, planning, or construction of the home to eliminate claims after ten years?
Read moreFlorida's Statute of Limitations and Roof Leaks
What happens when a former client comes back and alleges defective work that the client should have known about?
Read more