Ch | Construction Law Authority

What Owners Need To Know About Florida Statute §558.0035

September 26, 2013

Effective July 1, 2013, Florida Statutes Chapter 558 was amended to provide a “safe harbor” to individual design professionals for claims of negligence. Specifically, Florida Statutes §558.0035 states that any design professional “who is employed by a business entity or is an agent of a business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract.” Florida Statute §558.0035 also expands the definition of “design professionals” to include geologists in addition to architects, interior designers, landscape architects, engineers and surveyors. These changes are limited to individual design professionals only, not business entities, and the statute covers only economic damages. The new law does not limit claims for personal injury or property damage. It is also worth noting that §558.0035 will not limit professional negligence claims by parties who have no contract with an individual design professional and/or his or her...

A Condominium Association’s Guide to Construction Defects Claim Documentation

May 30, 2013

Michele Ammendola

Construction Defects

During the early stages of investigating and asserting a claim for construction or design defects, condominium associations and individual unit owners are often asked by their attorneys to produce documents relevant to their potential claims. The following is an illustrative, and by no means exhaustive, listing of the types of documents condominium associations or unit owners should have on hand to assist their attorney in initiating a construction or design defects claim: All recorded Governing Documents, Declarations of Condominium, Master Covenants and the like, including any Amendments to same; Developer’s Prospectus or Offering Circular; Developer’s sales and promotional materials describing the property; All documents evidencing the date of Turnover from a Developer-controlled Board to an elected Board of Directors controlled by a majority of unit owners. For example, this could include: · Meeting minutes containing the...

So You Have Received a Repair Offer–Now What?

June 11, 2012

Michele Ammendola

Construction Defects, Contracts

Once an offer for repairs of defects has been made, owners may feel both relieved and overwhelmed by the number of issues to be addressed. That is why, before accepting any offer for repairs, owners should speak with their attorneys about memorializing the parameters of the repair offer in a written agreement....