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...

A final order was issued to Homesure of America, d/b/a Cross County Home Services, on February 7, 2012, interpreting s. 489.103(9) and 489.105(3), that a home warranty association and service warranty association must obtain a contractor’s license in order to market and sell a program to provide minor (less than $1,000) routine air conditioning or maintenance services utilizing a network of licensed contractors to perform any such work. (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