Certificate of Merit not Required with Joinder Complaint against Architect

by Kent Holland | Mar 1, 2019 | Newsletter Article

General contractor (GC) filed a joinder complaint to join an architect in a suit brought by a subcontractor against the GC based on GC’s failure to grant a change order that was alleged required due to defective plans and specifications. The GC didn’t submit a...

Indemnification is only for Third Party Claims Unless Clause Expressly States it applies to First Party Damages

by Kent Holland | Mar 1, 2019 | indemnification clause, Newsletter Article

An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...

Why Getting the Wrong Result in Arbitration May Be What You Bought

by Kent Holland | Feb 28, 2019 | Newsletter Article

By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...

Insured Contract Exception to Contractual-Liability Exclusion

by Kent Holland | Feb 14, 2019 | Newsletter Article

A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...

Filing a Mediation Demand does not Toll Statute of Limitations for Filing Suit

by Kent Holland | Feb 14, 2019 | Newsletter Article

Negligence lawsuit by project owner against its architect was barred by the three year statute of limitations, which accrued on the date the building permit was issued. The court rejected the owner’s argument that the statute of limitations period was tolled by its...

Warranty of Habitability Suit Barred by Statute of Limitations for Contracts Instead of Torts

by Kent Holland | Feb 14, 2019 | Newsletter Article

A breach of implied warranty of habitability suit against a homebuilder is held to be a breach of contract action rather than a tort (negligence) action and the statute of limitations/statute of repose period applicable to breach of contract (running 4 years from date...