DESIGN COMPANY NOT LIABLE FOR TRAFFIC SIGNAL DEFECTS CAUSING ACCIDENT AFTER DESIGN IS COMPLETED AND ACCEPTED BY DEPARTMENT OF TRANSPORTATION
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Under Florida law, a contractor or design professional is not liable for alleged defective construction or design that causes personal injury if the alleged defect is open and obvious to the owner, and the contractor or design professional’s work is completed and accepted by the […]
COURT ALLOWS DISCOVERY OF PHOTOGRAPHS POSTED TO A PRIVATE FACEBOOK ACCOUNT
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC An appellate court has recently issued an important case permitting discovery of information posted to a private Facebook account. In Nucci v. Target Corporation, 2015 WL 71726 (Fla. 4th DCA January 7, 2015), the Plaintiff alleged she was injured in a slip and fall accident […]
CONTRACTOR UNABLE TO RECOVER FUNDS FROM COMMUNITY DEVELOPMENT DISTRICT THAT WERE IMPROPERLY BILLED TO PROJECT’S DEVELOPER
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC In Tern Bay Community Development District v. Ryangolf Corp., 2014 WL 7404023 (Fla. 2d DCA December 31, 2014), a portion of a contractor’s recovery against a community development district was reversed as an improper double recovery. In this case, litigation ensued following the failed development […]
FEDERAL COURT RULES THAT AN ARBITRATOR DECIDES WHETHER A CLAIM IS SUBJECT TO ARBITRATION WHEN THE ARBITRATION CLAUSE INCORPORATES THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC The question of whether a claim is subject to arbitration is ordinarily decided by the courts. However, when the parties incorporate the rules of the American Arbitration Association (AAA) into their contract to govern their arbitration agreement, the parties agree that an arbitrator will decide […]
CONTRACT CHANGES
By: Mark H. Shore, Esq., Stearns, Roberts & Guttentag, LLC All contractors and subcontractors work with contracts. It’s the nature of the industry. Written contracts are essential for providing direction relative to work to be performed and payment for that work. Yet, like everything in life, nothing ever seems to stay permanent. Changes are common-place […]
DISTINCTIONS BETWEEN EMPLOYEES AND INDEPENDENT CONTRACTORS
By: Mark H. Shore, Esq., Stearns, Roberts & Guttentag, LLC Contractors and subcontractors work hard, take on substantial projects, and often require significant personnel to achieve their objectives. Because of a host of issues including those involving liability avoidance, insurance mandates, and tax concerns, questions arise as to whether construction related staff and workers are […]