Design Defects: All for One, One for All

Alexander Barthet Construction, Contracts, Damages, Default, Disputes Leave a Comment

It is generally assumed that the duties associated with the professions of architecture and engineering are as distinct as are the two disciplines. An architect focuses on the design of a building, making certain it is aesthetically pleasing, while an engineer assures that a building functions properly. However, Florida construction law shows that such a strict division of responsibilities may …

Alexander BarthetDesign Defects: All for One, One for All

Not My Problem: Release of Liability Sticks

Alexander Barthet Claims, Contracts, Damages, Disputes, Insurance Leave a Comment

We’ve all seen them – those clauses on proposals or work orders stating that a repairman won’t be responsible or liable for any damage caused by his repairs. The question is, are they enforceable? A recent case has determined they can be, if properly written.

Alexander BarthetNot My Problem: Release of Liability Sticks

Proving Up Damages In Construction Litigation

Alexander Barthet Attorney's Fees, Damages Leave a Comment

In essence, there are two possible types of theories of liability in construction litigation – those arising in tort, and those arising in contract. In tort cases, the primary theory of liability would be in negligence. Contract related disputes are more commonplace at the courthouse.

Alexander BarthetProving Up Damages In Construction Litigation