In The School Board Of Broward County vs. Pierce Goodwin Alexander & Linville, No. 4D11-4808 (Fla. 4th DCA, 2014), the School Board of Broward County entered into a contract with an Architectural firm ("the Architect") to perform design services for the renovation of a high school. During the preliminary design phase, in which the plans were being developed for bidding by contractors, the Architect and the School Board's peer reviewer disagreed over a portion of the initial design plans. Specifically, the peer reviewer thought that a third floor balcony on one of the buildings required construction of a staircase as an emergency exit in case of a fire. The Architect disagreed and suggested an alternative solution to meet the fire code standards that did not require the construction of a staircase. Read On . . .
This annual Legislative Session in Tallahassee was an active session for construction law related issues. In our continuing effort to keep our clients up to date on the latest construction law issues, Your Construction Law FirmTM provides this summary as to the Legislative enactments in 2013 affecting the construction industry: Read On . . .
In Witt v. La Gorce Country Club, Inc., 2010 WL 2292104 (Fla. 3d DCA June 9, 2010), La Gorce Country Club, Inc. ("Owner") had a project for an irrigation system for its golf course. Owner had discussions with ITT Industries, Inc. ("Contractor") regarding the project. Contractor introduced Owner to Gerhardt M. Witt ("Consultant"), a professional geologist licensed by the State of Florida. Consultant had his own firm, Gerhardt M. Witt and Associates, Inc. ("Consulting Firm"). Owner entered into a design-build agreement with Contractor and into various contracts with Consulting Firm for consulting services and project coordination. The agreements between Owner and Consulting Firm contained a provision that was intended to limit the liability of Consultant Firm and its subconsultants in the event of professional malpractice. The irrigation system was constructed and ultimately failed. Owner brought suit against Contractor, Consultant and Consulting Firm. One of the causes of action against Consultant and Consulting Firm was for professional malpractice. Read On . . .
With electricity prices expected to increase substantially, some in the construction industry are actively looking for ways to offset that historically-fixed cost. Some have gone even further than just offsetting the cost by seeking to eliminate it entirely.
ever wonder what to look for when hiring a design professional? One key step is to verify that the design professional is adequately insured in the event of any potential claims regarding the design professional's work. This primer will help you learn what to look for. Professional Liability Policies 101