Court Orders New Trial Over Improperly Excluded Construction Expert Testimony
This case arises from damages suffered by a tenant after a ceiling collapse in their rental unit. One of the central issues at trial was the exclusion of testimony from a construction expert regarding the cause of the collapse, resulting in a reversal of the jury’s verdict on appeal
Court Reduces $779,318.66 Verdict Entered Against Stucco Subcontractor to $55,652.00
This case arises from a construction defect lawsuit and the general contractor’s indemnification claim against the stucco subcontractor. After trial the jury awarded the general contractor only a portion of the damages. When the trial court ultimately awarded a higher damages amount, the stucco subcontractor appealed.
Contractor’s Lien Against Condominium Association Partially Discharged for Failure to Foreclose Against Unit Owner That Filed Suit to Discharge Lien
This case arises from a construction lien recorded by a disaster mitigation contractor against condominium association property. When two unit owners filed a lawsuit to discharge the lien as to their property, the contractor failed to take action as required under 713.21, Florida Statutes, to foreclose the lien, resulting in a partial discharge of the lien.
Court Finds Enforceable Construction Lien Despite Incorrect Notice of Commencement
This case arises from a dispute between a window contractor and a homeowner and involves the issues that can arise when a contractor prepares the notice of commencement and the affect of errors in the notice of commencement on lien rights.
Court Finds Enforceable Settlement Agreement Between Subcontractor and Homeowner Despite Lack of Signature
This case arises from a dispute between a concrete subcontractor and a homeowner. After the parties negotiated a resolution by phone and email, the homeowners partially paid but failed to execute the settlement and release agreement. The subcontractor sued to enforce the unsigned agreement and to foreclose its construction lien.
Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes
This case arises from a third-party debt buyer’s attempt to enforce a mitigation contractor’s assignment of benefits against an insurance carrier. The court’s decision focuses on the enforceability of the contract between the third-party and the contractor, rather than the original assignment of benefits.
Court Reverses Construction Lien Foreclosure over Procedural Concerns and Factual Issues Regarding Substantial Completion
This cases arises from a dispute over defectively installed HVAC units. After the trial court entered judgment in favor of the HVAC contractor without notice, the property owners appealed. The appellate court reversed the judgment finding that procedural issues and issues regarding whether the work was substantially complete precluded judgment
11th Circuit Affirms OSHA Citations Against Roofing Subcontractor for Actions of Sub-Subcontractors
This case arises from a roofing subcontractors appeal of two OSHA citations issued to it as a “controlling employee” of two sub-subcontractors.
Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes
This cases arises from a dismissal of a water mitigation contractor’s lawsuit against an insurance carrier. The carrier argued that the mitigation contractor’s assignment of benefits did not comply with 627.7152, Florida Statutes, and while the trial court agreed with that argument, the ruling was reversed on appeal