Subcontractor’s CGL Insurance Carrier Owed No Duty to Defend Suit against Prime Contractor Where Allegations Concerned Economic Losses Claimed from Prime Contractor Construction Defects

by Kent Holland | Jun 7, 2013 | Newsletter Article

Subrogation lawsuit by prime contractor’s CGL insurance carrier against Subcontractor’s CGL carrier for failing to defend the prime was properly dismissed on summary judgment because “no conceivable interpretation of the complaints in the lawsuits at issue here could...

Arbitration Award Does Not Establish Collateral Estoppel for a Non-Party

by Kent Holland | Jun 7, 2013 | Newsletter Article

An arbitration decision in a case between an Owner/developer and its construction contractor did not create collateral estoppel that would bar the developer from seeking to recover damages from its architectural firm in a separate, later action in court.  Arbitration...

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...