HCBA Lawyer Magazine Vol. 28, No. 6 | Page 32

every repoSe HaS itS tHorN
Construction law Section
Chairs: Ryan Baya - Mills Paskert Divers & Derek Kantaskas - Carlton Fields
I
statute of
contractors must
repose for
say “I Won’t
construction
Forget You” to
claims in section
these problems,
95.11(3)(c),
the first thing
Florida Statutes,
they must do
will soon expire
when receiving
on those
notice of a
projects.
Summer 2008
While the
project claim is
expiration of
determine the
For many contractors,
the repose
parties against
the prospect of litigating
period is usually
whom they have
“Nothin’ but
indemnity rights.
flip phone-era projects
a Good Time”
Generally, the
is daunting.
for contractors,
limitations period
it can often
for bringing an
trigger owners
indemnity claim
into exhuming
“does not begin
claims on long-forgotten projects.
running until the litigation against
For many contractors, the prospect
the third-party plaintiff has ended
of litigating flip phone-era projects
or the liability, if any, has been
is daunting. Finding subcontractors
settled or discharged by payment.”
and employees who worked on
Castle Const. Co. v. Huttig Sash &
these projects and who managed
Door Co., 425 So. 2d 573, 575 (Fla.
to survive the Great Recession
2d DCA 1982). But for indemnity
tends to be a small miracle. And
claims on construction projects, it’s
tracking down contracts, insurance
possible that the ten-year statute of
information, and billing records
often resembles archaeology. While
Continued on page 31
© Can Stock Photo / photography33
n the summer of 2008,
American Idol topped the
Nielsen ratings and Lebron
James chased an NBA
championship for the Cleveland
Cavaliers. Poison’s Brett Michaels
starred in a VH1 reality dating
show, while Donald Trump hosted
a reality show that had not yet
drawn celebrity contestants. A
little-known Senator from Illinois
named Barack Obama emerged as
the Democratic Party’s nominee
for president. Yes, the summer of
2008 seems just like yesterday and
forever ago at the same time.
For Florida contractors, however,
the summer of 2008 may be revisited
shortly. Why? Because the ten-year
qSave the Dates
u September 6, 2018
Membership Luncheon at the Hilton Tampa Downtown
u October 3, 2018
22nd Annual Bench Bar Conference & Judicial Reception at the Hilton Tampa Downtown
u December 6, 2018
Holiday Open House at the
Chester Ferguson Law Center
30
Learn more about HCBA events at
www.hillsbar.com.
StAy ConneCted
SUMMER 2018
|
HCBA LAWYER