A recent case addressed a little known Florida statute. Fence Masters Inc. v. Zurqui Construction Services Inc. stemmed from a subcontractor’s request for payment on work done to improve public property under a contract with a general contractor.
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.