Florida Construction Law

Several cases have expanded upon the original ruling in Slavin .  In El Shorafa v. Ruprecht , 345 So.2d 763 (Fla. 4th DCA 1977), the court upheld the Slavin doctrine and recognized that under Slavin the contractor would not be liable if it was the property owner’s negligence in failing to correct the defect that actually caused the injury.  The court held that if the owner could have corrected a defective condition that was known or reasonably would have been known after the owner accepted the project from the contractor, then the owner was the true cause of a third party’s injuries, and the contractor would not be liable. 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

The Slavin doctrine emerged from the Florida Supreme Court case Slavin v. Kay , 108 So.2d 462 ( Fla. 1958).   In Slavin , the plaintiff was injured in a motel as a result of a sink detaching from the bathroom wall and falling on the plaintiff.   The plaintiff sued the motel owner and the contractor that installed the sink seeking compensation for the injuries the plaintiff suffered.   Although the court recognized that a contractor may be relieved of liability for injuries to third parties occurring after the owner has accepted a project, the court also stated that the contractor would only be relieved of liability if the owner could have discovered and remedied the dangerous condition.   In other words, the condition must be discoverable rather than latent for the contractor to avoid liability.   The Slavin court found that the sink’s defective condition was hidden from ordinary observation and was therefore a latent defect, and held that the contractor ...

The Slavin doctrine holds that a contractor is not liable for personal injuries to third parties if the injuries were caused by patent defects and the owner has accepted the work.   In other words, if the defective condition was obvious at the time the owner accepted the contractor’s work, the contractor will not be liable for damages resulting from the defective condition which occur after the date of acceptance.   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

A municipality could not be sued for the negligent issuance of a certificate of occupancy on the basis of soverign immunity.  Victoria Village Condominium Ass'n v. City of Coconut Creek , 488 So.2d 900 (Fla. 4th DCA 1986). 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

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

"Generally, a property owner who employs an independent contractor to perform work on his property will not be held liable for injuries sustained by the employee of an independent contractor duing the performance of that work."  Strickland v. TIMCO Aviation Services, Inc ., 2011 WL 2570775 (Fla. 1st DCA 2011). 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 negligence actions, the question of the duty of a contractor or owner is an issue of law to be decided by the judge and not the jury.  Strickland v. Timco Aviation Services, Inc ., 2011 WL 2570775 (Fla. 1st DCA 2011). 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

Generally, an owner cannot be held liable for negligence on a construction site unless there was active participation by the owner.  Van Ness v. Independent Const. Co. , 392 So.2d 1017 (Fla. 5th DCA 1981). 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 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