Florida Rewrites Rules on Individual Design Professional Liability

by Kent Holland | Jun 7, 2013 | Newsletter Article

By:  J. Keith Ramsey and Monte S. Starr, Holland & Knight LLP Ever since Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999), Florida courts have recognized that individual professionals could be held liable to third parties for their negligence in the performance...

Teaming Agreement Found Unenforceable – Cyberlock Decision

by Kent Holland | Jun 7, 2013 | Newsletter Article

By: Andrew E. Mishkin, Robert A. Prentice – Duane Morris LLP. Because many parties enter into teaming agreements under the assumption that they are enforceable agreements, it may be worthwhile for those parties to consider the implications of the Cyberlock decision...

Unlicensed Subcontractor Cannot Recover against Contractor Even if Contractor Knew Sub was Unlicensed When Executing the Contract

by Kent Holland | May 16, 2013 | Newsletter Article

Where a subcontractor lacked a contractor’s license, the Supreme Court of Florida held that pursuant to state statute the contract was unenforceable by the unlicensed contractor.  This meant that the prime contractor could not be liable to the Sub for breach of...

Design Professional Owes Duty to Third Party Condominium Unit Purchasers

by Kent Holland | May 16, 2013 | Newsletter Article, third party claims

A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise.  The court relied on both the...

Subcontractor Owed Prime No Indemnity Obligation and Additional Insured Status Availed Nothing

by Kent Holland | May 16, 2013 | indemnification clause, Newsletter Article

Although a subcontractor damaged a sewer pipeline during the course of construction, it owed no indemnification duty to the prime contractor for expenses the prime incurred in repairing the pipe. The key reason given by the court was that a jury found that the sub was...

No-Damage-For-Delay Clause Enforced Even If Delay Caused by Owner’s Breach of Contract and Arbitrary Actions

by Kent Holland | Mar 29, 2013 | Newsletter Article

Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal.  Also, an award of $10.5 Million attorneys fees was granted to the Owner...