delegatingnon-delegaBleduties construction law Section Chairs : AlexM . Sarsfield & KimberlyA . Kelley — PaskertDiversThompson , P . A .
onlytimewilltellifthe courtswillconsider clarifyingthenondelegable dutydoctrinetothemodern constructionindustry .
It is a standard industry practice for general contractors to contract away liability to their subcontractors on various construction projects — effectively delegating certain construction duties and responsibilities to their subcontractors . However , property owners and associations , as plaintiffs , have petitioned courts across Florida to establish that general contractors have a non-delegable duty to ensure their subcontractors ’ work complies with the Florida Building Code .
The body of case law regarding nondelegable duties stems from a 1959 case known as Mills v . Krauss . 1 That court held “ the duty of a general contractor to use due care in repairing the premises of another , insofar as it is applicable to the owner of the premises , is a nondelegable duty which may not be committed to an independent contractor .” 2 However , the facts of that case rested upon a contractual duty , not a tort duty , in which the court explained that “ the relationship created by the general contract ” gave rise to a “ contractual responsibility of the general contractor that could not be delegated .” 3
Oftentimes , property owners and associations assert various claims ,
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