Florida Construction Law

Xavier and Perez v. Leview Boymegreen Marquis Developers, LLC, 37 Fla. L. Weekly D2668a, Case No. 3D11-549, opinion filed on November 21, 2012. Buyers' suit for return of deposit paid to purchase condominium unit was dismissed with prejudice by trial court by reason of the complaint reflecting that the four (4) year statute of limitations had run. In reversing and remanding, the appellate court held that the statute of limitations defense cannot be conclusively established as a matter of fact from the face of the complaint. Under the facts of this case, the developer allegedly made an oral representation until contact execution that the condominium until described the in the sales agreement could be swapped with one having a different view, but attempted to enforce the sale and purchase of the original unit. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.c...

In Bruno v. Mona Lisa at Celebration, LLC ( In re Mona Lisa at Celebration, LLC ), Case No. 6:09-bk-458, Adv.Proc. No. 6:09-ap-49 (Bankr.M.D.Fla. May 16, 2012) numerous prospective purchasers of units in a hotel-condominium made deposits but, after the Florida condominium market collapsed, did not go through with their purchases and demanded return of their deposits even though the project was constructed as promised (“The likely reason the plaintiffs rely on these conclusory statements is that they cannot demonstrate any actual damages because, by and large, Mona Lisa did everything it promised.”). Pursuant to section 718.202, Florida Statutes, Mona Lisa posted a bond to allow it to use the first 10% of the prospective purchasers’ deposits. Many of the plaintiffs had deposited more than 10%, and the Act permitted the developer to use such excess deposits for construction and development, but not for advertising. The court foun...

Summary judgment in favor of condominium purchaser against developer for breach of contract and return of deposits was reversed to give the parties an opportunity to be heard and due to existence of disputed genuine issues of material fact pertaining to the breach.   Ness Racquet Club, LLC v. Ocean Four 2108, LLC,    2011 WL 4578164 (Fla. 3d DCA  2011). 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 www.trentcotney.com