Liability

FORCE MAJURE – CONSTRUING CONTRACT AS A WHOLE LEADS TO NO RECOVERY FOR CONTRACTOR

CONSTRUING CONTRACT AS A WHOLE LEADS TO NO RECOVERY FOR CONTRACTOR By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC It is a well settled rule of contract interpretation that, where possible, courts must read contract provisions harmoniously to give effect to all portions of the contract. That’s just what the court did inS&B/BIBB […]

FORCE MAJURE – COURT FINDS FORCE MAJEURE CLAUSE IN CONTRACT MUST BE INTERPRETED ACCORDING TO ITS PLAIN, UNAMBIGUOUS MEANING

COURT FINDS FORCE MAJEURE CLAUSE IN CONTRACT MUST BE INTERPRETED ACCORDING TO ITS PLAIN, UNAMBIGUOUS MEANING By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC In S&B/BIBB Hines PB 3 Joint Venture v. Progress Energy Florida, Inc., 2010 WL 457439 (Fla. 11 th Cir. 2010) the court reviewed the issue of whether a contractor […]

UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY

EXCAVATION SUBCONTRACTOR’S SUMMARY JUDGMENT ON “ONE CALL” NOTIFICATION PROPER By: Michael E. Stearns, Esq. and Peter B. Rowell, Esq., Stearns, Roberts & Guttentag, LLC In MasTec, Inc. v. Suncoast Underground, Inc., 2010 WL 173611 (Fla. 3rd DCA 2010) the court reviewed the issue of whether the City of Cocoa properly notified an excavation subcontractor with […]

OWNER NOT RESPONSIBLE FOR INJURIES TO INDEPENDENT CONTRACTOR’S EMPLOYEE UNLESS OWNER ACTIVELY PARTICIPATES IN CONSTRUCTION TO DIRECTLY INFLUENCE MANNER IN WHICH WORK PERFORMED

By Douglas J. Roberts, Esq., Stearns, Roberts & Guttentag, LLC As a general rule, one who hires an independent contractor is not liable for injuries sustained by that contractor’s employees in performing their work. An exception exists if the owner has been actively participating in the construction to such an extent that the owner directly […]