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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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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Economic Loss Rule Takes a Step Back

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On March 7, 2013, the Supreme Court of Florida filed its opinion in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. With this case, the Court took the final step of receding from the application of the economic loss rule in anything other than products liability cases. Tiaraconcerns claims by an insured against its insurance […]

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Sued for Something Your Sub Might Have Done? Why Not Bring That Third Party Action?

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You served as project architect on a substantial commercial project, utilizing various subconsultants. Your MEP sub specified a HVAC system designed and manufactured by a world known leader in the industry. Shortly after completion, the owner notified you that the system repeatedly breaks down, and that unless you replace it at your expense he will […]

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