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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Appellate Court Reverses Jury Award To Golf Course Contractor

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golf ball

The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity.  The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development of a golf community known as Tern Bay.  Tern Bay, […]

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Florida’s Slavin Doctrine: Alive, Well and Expanding?

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In a recent opinion, the Fourth District Court of Appeal appears to have expanded the Slavin doctrine in the context of design professional liability.  In McIntosh v. Progressive Design and Engineering, Inc. (Jan. 7, 2015), the plaintiff’s father was killed in a car accident as he attempted to navigate an intersection with newly installed traffic […]

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Proposed Legislation Could Have Significant Impact on Florida’s Construction Defect Statute

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On December 9, 2014, Florida Representative Kathleen Passidomo introduced House Bill 87, a bill aimed at amending Florida’s Construction Defect Statute.  The bill contains several changes which could have a significant impact on construction defect claims in Florida. Under the amendments to the notice requirements, a claimant would be required not only to describe the […]

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Where, Oh Where, Can My Lawsuit be Filed?

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When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated.  Courts will generally enforce such “venue” or “forum selection” clauses, and such clauses, when carefully worded, can be an effective means to control where a case may be filed.  However, in […]

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Choosing Your Defense Counsel Before a Claim Ever Arises

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If your company has ever been sued, then you know how important it is to have qualified and experienced counsel handling your case. Besides experience and qualifications, knowledge of your industry and your company can be even more crucial. Under the typical commercial and professional liability insurance policy, should a claim arise that is covered […]

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Florida Supreme Court Limits Application of Statute of Limitations

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A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants. In Caduceus Properties, LLC v. Graney, a property owner hired an architect to design a surgical center. The architect then […]

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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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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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