Florida Construction Law

Landmark American Insurance Company v. Santa Rosa Beach Development Corp. I, et al,, 37 Fla. L. Weekly D2759a, Case No. 1D11-4882, opinion issued November 30, 2012. Condominium association's claim against developer and contractor for water intrusion damages caused by defective cladding based on warranty provisions of s. 718.203 was resolved by an agreement to make warranty repairs in exchange for full release of liability. When water intrusion problems continued after two hurricanes, association filed claim against developer's insurer, which was denied due to policy exclusion for faulty, inadequate or defective design, workmanship, construction or repair. When association filed suit, insurer filed a third party complaint again developer and contractor, and raised a defense that the warranty repair agreement release also release the insurer. Summary judgment against the insurer was affirmed. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construct...

All prime contractors and subtiers should carefully examine partial or final releases of lien to determine if they are conditional or unconditional.  Conditional releases are conditioned upon payment.  Unconditional releases release your lien rights (and possibly any claim you may have).  Read all releases carefully before signing and edit as needed. 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.glennrasmussen.com

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