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ENGINEER AND CONTACTOR NOT LIABLE FOR PERSONAL INJURY ALLEGEDLY CAUSED BY OPEN AND OBVIOUS DEFECT

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 a personal injury if the alleged defect is open and obvious to the owner, and the contractor or design professional’s work is complete and accepted by the owner. The case ofTransportation Engineering, Inc. v. Cruz, 2014 WL 5782251 (Fla. 5th DCA November 7, 2014), analyzed the potential liability of contractors and design professionals after a project’s completion. In Transportation Engineering, Inc. a wrongful death suit was brought against the Florida Department

Stearns, Roberts & Guttentag, LLC

WORKER’S COMPENSATION IMMUNITY APPLIES TO COMPANY UTILIZING EMPLOYEES FROM A HELP SUPPLY SERVICE COMPANY

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Florida’s workers’ compensation laws are a comprehensive scheme designed to provide swift compensation to injured workers regardless of fault or cause of injury. In exchange, employers who comply with the worker’s compensation laws are generally immune from personal injury lawsuits brought by their employees, except in limited circumstances. The immunity conferred on employers by workers’ compensation can be extended under a doctrine known as the “borrowed servant” doctrine and to employers utilizing employees of a “help supply services company.” The case of Baker v. Airguide Mfg., LLC, 2014 WL 5462528

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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 owner. This law is known as the Slavin doctrine. The Slavin doctrine was recently applied in the case of McIntosh v. Progressive Design and Engineering, Inc., 40 Fla. L. Weekly D160 (Fla. 4th DCA Jan. 7, 2015), in determining whether a design company that designed

Stearns, Roberts & Guttentag, LLC

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 at a Target store. Target disputed the extent of Plaintiff’s injuries. While preparing for Plaintiff’s deposition, Target’s lawyer discovered Plaintiff’s Facebook profile. Plaintiff’s privacy settings did not allow the general public to view the profile. Target requested Plaintiff to produce the photographs contained in her

Stearns, Roberts & Guttentag, LLC

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 of a residential and golf community. The community was developed by two entities. The first entity, the Developer, was responsible for developing the golf course and amenities such as swimming pools, clubhouses, and tennis courts. The other entity was a Community Dev elopment District (“District”)

Stearns, Roberts & Guttentag, LLC

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 whether a claim is subject to arbitration. In U.S. Nutraceuticals, LLC v. Cyanotech Corporation, 769 F.3d 1308 (11th Cir. 2014), a buyer and seller entered into two contracts, one in 2007, and another in 2010, under which the seller sold a certain item to the

Stearns, Roberts & Guttentag, LLC

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 in construction contracts and expectedly, many of these contracts permit modification on the condition that the change be in writing. So how does the Court system treat a situation when a contract clause requires that a change be in writing, no such writing is ever

Stearns, Roberts & Guttentag, LLC

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 employees or independent contractors. A lack of recognition of the distinctions between the two can lead to exposure and obligations that may have been otherwise avoided. There are an abundance of Florida cases where the designated status of a worker has been challenged. The result

Stearns, Roberts & Guttentag, LLC

ENGINEER AND CONTACTOR NOT LIABLE FOR PERSONAL INJURY ALLEGEDLY CAUSED BY OPEN AND OBVIOUS DEFECT

WORKER’S COMPENSATION IMMUNITY APPLIES TO COMPANY UTILIZING EMPLOYEES FROM A HELP SUPPLY SERVICE COMPANY

DESIGN COMPANY NOT LIABLE FOR TRAFFIC SIGNAL DEFECTS CAUSING ACCIDENT AFTER DESIGN IS COMPLETED AND ACCEPTED BY DEPARTMENT OF TRANSPORTATION

COURT ALLOWS DISCOVERY OF PHOTOGRAPHS POSTED TO A PRIVATE FACEBOOK ACCOUNT

CONTRACTOR UNABLE TO RECOVER FUNDS FROM COMMUNITY DEVELOPMENT DISTRICT THAT WERE IMPROPERLY BILLED TO PROJECT’S DEVELOPER

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

CONTRACT CHANGES

DISTINCTIONS BETWEEN EMPLOYEES AND INDEPENDENT CONTRACTORS

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