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...

Repor Brothers, Inc., v. Donald Moore , 37 Fla. L. Weekly D454b, Case No. 3D10-2251, filed February 22, 2012. Trial court’s summary judgment was reversed and remanded based on a contract indemnity clause that had been construed so as to indemnify the indemnitee against losses resulting from him own negligent acts, absence such intention being expressed in clear and unequivocal terms.  (from RPPTL Subcommittee). 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