Florida Construction Law

The 2011 enactment of section 381.0065(5), requiring periodic inspections of on-site  sewage  disposal systems (“septic tanks”) is repealed, and authority to impose such requirements is authorized by local governments whose boundaries include a “first magnitude spring,” as defined in the bill.  (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

In WPC Industrial Contractors, Ltd. v. Amerisure Mut. Ins. Co ., 2009 WL 2992569 (S.D. Fla. 2009), the Court held that the insurer had a duty to defend the contractor from a homeowner general liability claim.  The claim was based on damage caused to the home by sewage contamination.  Amerisure argued that the Pollution Exclusion applied thereby negating coverage and defense requirements.  The Court found that the Pollution Exclusion did not specifically address this fact scenario and held that the insurer was required to defend the contractor against the homeowner's claims. 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