Florida Construction Law

In Safeco Ins. Co. of Am. v. Victoria Mgmt., LLC , 2012 WL 1606101 (S.D. Fla. May 7, 2012), the surety issued performance and payment bonds for the construction of a nursing home. The surety required the contractor and others to execute a general agreement of indemnity in its favor as a condition of issuing the bonds. The owner of the nursing home terminated the contractor and called upon the surety to complete the project in accordance with the terms of the bonded contract. The surety sued the owner for amounts due under the contract for approved change orders totaling $3,201,326.63. The surety also sued the architect for common law indemnity and professional negligence. The architect moved to dismiss the surety’s common law indemnity claim arguing that there was no special relationship between the architect and the surety or the contractor. Citing to  Amwest Surety v. Ernst & Young , 677 So. 2d 409 (Fla. 5th DCA 1996), the court...

"An architect or structural engineer may avoid liability for negligent design if it is proven that deviations in construction are material and that the deviations have been the proximate cause of the damages claimed by the plaintiff."  Cincinnati Riverfront Coliseum, Inc. v. McNulty Co. , 504 N.E.2d 415 (Ohio 1986). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

An architect that violates the AIA (American Institue of Architects) Handbook may be evidence of negligence but is not negligence per se.  Peterson v. Cannaday , 749 P.2d 63 (Mont. 1988). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

"Professionals may be personally and individually liable for any negligence committed by tehm while rendering professional services as an employee of a corporation."  Trikon Sunrise Associates, LLC v. Brice Building Company, Inc. , 41 So.3d 315 (Fla. 4th DCA 2010).   Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

In Parc Royale East Development, Inc. v. U.S. Project Management, Inc. , 38 So.2d 865 (Fla. 4th DCA 2010), an architect presented expert testimony to support lost profit damages.  The Court held that the expert testimony was insufficient because it contained conclusions and inferences that were not supported by the proffered evidence. Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com

In Auto-Owners Ins. Co. v. Ace Elec. Service, Inc. , 2009 WL 2602566 (M.D. Fla. 2009), the Court held that an owner could maintain a cause of action against an architect for professional malpractice so long as it was based in contract and not negligence. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com