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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]