HCBA Lawyer Magazine Vol. 28, No. 6 | Page 33

Continued from page 30 repose — which cuts off all claims — may run even before the statute of limitations period begins. That was precisely the outcome in Department of Transportation v. Echeverri, 736 So. 2d 791 (Fla. 3d DCA 1999), in which the court upheld the dismissal of the Department of Transportation’s cross-claims for indemnity brought after the repose period expired. The Echeverri holding means that if a contractor (or sub) does not receive notice of an owner’s claim until the day before the statute of repose expires, the contractor can find itself in the worst position possible — having to litigate a decade-old project against an owner while at the same time being unable to purse the indemnity and defense rights it contractually bargained for at the time of the project. If you think this outcome is unfair, then you’re not alone. Contractors who have said, “I Want Action,” have lobbied for recently passed legislation, effective July 1, 2018, amending section 95.11(3)(c) to allow counterclaims, cross-claims, and third-party claims to be asserted up to one year after the statute of repose has otherwise expired. This statute eliminates the unfortunate situation contractors presently find themselves in under the current statute and Echeverri. Until July 1, 2018, “Life Goes On” for contractors in Florida, but the new legislation certainly gives them “Something to Believe In.” Construction Section Luncheon/CLE the Construction Section Luncheon held a CLe luncheon entitled “the Surety’s indemnity agreement: the good, the Bad, and the ugly” on april 19 at the Chester H. Ferguson Law Center. Led by speaker ty thompson with mills paskert divers, the program provided an overview of the surety’s role in the construction industry, the surety’s rights under the general agreement of indemnity (“gai”), and ethical considerations related to the surety’s enforcement. thank you to the luncheon’s sponsor: Author: Erik Raines – Hill Ward Henderson, PA SUMMER 2018 | HCBA LAWYER 31