Florida Construction Law

Defense to failure to give proper notice:  "If the breach was so grave as to be irreparable and incurable, the giving of notice would be a useless gesture."   Leghorn v. Wieland , 289 So.2d 745, 748 (Fla. 2d DCA 1974). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

558.004, Florida Statutes provides:  "In actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels, serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable, which notice shall refer to this chapter." 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

A termination may be improper where the general contractor was not provided with sufficient notice in advance.   Bruning Seeding Co. v. McArdle Grading Co. , 439 N.W.2d 789 (1989). 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, Chapter 558 provides contractors with the right to receive notice and an opportunity to cure prior to being sued.  In order to use Chapter 558, you must be considered a "claimant" as defined in Section 558.002, Fla. Stat., which states in pertinent part: "Claimant" means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. The term does not include a contractor, subcontractor, supplier, or design professional. Therefore, if you are not a property owner, subsequent purchaser or association who acts as agent for property owners then you will not be able to utilize Chapter 558. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (81...

AmeriLoss Public Adjusting Corp. , Florida Third District Court of Appeal (October 6, 2010), Case No. 3D09-363: Dismissed a challenge to an administrative Declaratory Statement issued by the Department of Financial Services to Clyde Lightbourn regarding his contractual obligation to pay an adjusting fee for property damages caused by Hurricane Katrina, because the appellant was not a party to the administrative proceedings. While it appears that the propriety of issuing a Declaratory Statement for past conduct was not been raised, this case highlights the importance of timely intervening in such administrative hearings (and to reviewing the required publication of notice of such proceedings in the Florida Administrative Weekly ). 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

This is an article on the waiver of notice provisions in construction contracts. You can find the article here: http://www.roofingcontractor.com/Articles/Column/BNP_GUID_9-5-2006_A_10000000000000260965 I will be posting additional articles on construction law topics in the next few weeks.

This video discusses how to address pre-existing conditions such as mold, mildew, dry rot, termite damage and water intrusion on Florida construction projects. The video discusses ways to document pre-existing conditions as well as suggest contract provisions that may address potential issues. Here is a direct link: http://video.yahoo.com/watch/7601682/20169963