Welcome to Deconstructed!

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Rogers Towers’ Construction Law Practice Group is pleased to announce a complete overhaul of our blog, including a new name, Deconstructed, and new address: www.deconstructedblog.com. If you read our blog (formerly called The Florida Construction Law Blog) previously, you can continue to expect the same great content in a new, updated format. If this is […]

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If You Build It, “The Claims” Will Likely Come: Controlling Anticipated Risks In Large Projects

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Constructionsite

Sophisticated parties in large projects know that it is not unusual for claims of all types to occur during the course of the project.  Despite everyone’s best efforts, claims for property damage, material loss and personal injury are all examples of foreseeable risks that may need to be addressed.   Acknowledging that these risks are possible, […]

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Guardrail Ends – Open and Obvious Court Ends Liability for Contractor and Engineer Based Upon Slavin Doctrine

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guardrail

The Slavin Doctrine has been on the books for more than fifty years and is a favorite defense used by contractors, architects and engineers defending against personal injury and wrongful death claims.  Generally, the Slavin doctrine absolves a contractor, architect or engineer from liability for injuries or death sustained by third parties when: (1) the […]

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Are Delay Damages Lienable?

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The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project. But are those delay damages lienable? It depends. Such damages may be lienable if the contract provides for the recovery of delay damages and if those […]

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Florida’s Construction Lien Act: Who Is a Lienor?

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We hear this term, lienor, but it is often misunderstood. One does not have to record a Claim of Lien to be a lienor. The Act provides that anyone who has the right to file a Construction lien is a lienor. Previously we discussed what types of work might be liened. That consideration is a […]

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Florida House Bill 909 (2013): A Sigh of Relief for Water Mitigation Contractors and Restoration Companies

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This past spring, the insurance and banking lobbies created quite a stir in the water and fire damage mitigation and restoration industry. During March and April, water mitigation contractors and restoration companies in Florida experienced a sharp sense of panic, inundated their construction attorneys with emails and telephone calls, and organized to participate in the […]

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Florida’s Construction Lien Act: What Kind of Work is Lienable

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Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of privately owned real estate. But what does the law consider to comprise that category of permanent improvements? The […]

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New Law Alters Liability for Architects and Engineers

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Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which limit their individual liability in certain circumstances. The new statute created by this law is section 558.0035, but it also modifies several other sections. Up until the passing of this law, an individual design professional, […]

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