Construction Law

July 3, 2023

Appellate Ruling Brings Needed Clarity to Statute of Limitations in Construction Malpractice Suits Against Design Professionals

A recent ruling by Florida’s Third District Court of Appeal has clarified the question of whether a negligence claim against a design professional on a construction project is subject to the four-year or two-year statute of limitations set forth in Fla. Stat. §95.11. The Third DCA held that construction-related malpractice suits against design professionals are subject to the four-year rather than two-year statute of limitations.

In Am. Auto. Ins. v. FDH Infrastructure Servs., an engineering firm was sued after a construction accident claimed the lives of three workers during an installation on a nearly 1,000-foot tall telecommunications tower. The lower court granted summary judgment to the engineering firm, finding that the two-year statute of limitations for professional malpractice claims barred the lawsuit. In the ensuing appeal the plaintiff argued that the four-year statute of limitations for construction-related claims should apply instead of the two year, more general statute of limitations.

Prior to this decision, which statute applies was a legal ambiguity which implicated two different statutes of limitations. One sets a period of two years for actions for professional malpractice, other than medical malpractice, and the other provides for four years for any action based on the design, planning, or construction of an improvement to real property. The uncertainty resulted in prior conflicting rulings applying each of the two- and four-year statutes.

April 28, 2023

Stuart Sobel Receives Miami Dade Bar’s 2023 Circle of Excellence in Construction Law

by Siegfried Rivera

Siegfried Rivera

The firm’s Stuart Sobel has been honored as the recipient of the Miami Dade Bar Association’s 2023 Circle of Excellence award in the Construction Law category.

The organization’s annual Circle of Excellence awards recognize attorneys in Miami-Dade County who personify excellence in the legal profession. Nominees are evaluated by a panel of their peers in their respective area of practice, and the final selections are based on votes by the group’s entire membership.

Stuart has been trying and arbitrating construction and commercial disputes throughout the country for more than 40 years. His substantial experience in the construction sector derives from his decades of representation of developers, construction managers, general contractors, subcontractors, and material suppliers. He has tried and arbitrated scores of cases to verdict, judgment, and award over the years.

October 10, 2022

Oscar Rivera Quoted in Sun Sentinel Article on Hurricane Ian Headlined: “Survivors’ Decision: Rebuild or Relocate?”

by Siegfried Rivera

Siegfried Rivera

Oscar R. Rivera, our firm’s managing shareholder, was the first and the penultimate local business leader quoted in the Sun Sentinel‘s article on the repercussions of Hurricane Ian featured on the front page of today’s edition of the newspaper. The article, which is titled “Survivors’ Decision: Rebuild or Relocate?”, focuses on the consequences of the devastating storm for residents and business owners throughout the impacted areas. It reads:

Hurricane Ian gave southwest Floridians plenty of reasons to leave: It killed at least 115 people, crushed countless homes and businesses, turned area waterways into toxic soups and caused at least $50 to $65 billion in damages.

But as residents and business owners assess the devastation and reach for insurance policies that may or may not cover all of their losses, there appears to be an emerging consensus for rebuilding, and not relocating to areas perceived to be less vulnerable to catastrophic storms.

It is a mindset, analysts say, driven by a long-standing affinity for Gulf Coast living, a strong resolve among public and private sector interests, and a growing tolerance of devastating hurricanes as life disruptors.

“We have already been contacted by numerous clients and potential clients,” said Oscar Rivera, managing shareholder of the Siegfried Rivera law firm in Miami, which represents condominium owners, associations and commercial real estate investors. “Everyone we have spoken to is committed to rebuilding.”. . .

September 6, 2022

Appellate Ruling Reinforces Importance of Documentation for 10-Year Limit on Construction Defect Suits

by Jeffrey S. Respler

Jeffrey S. Respler

Florida’s ten-year deadline for lawsuits over hidden/latent construction defect claims, dubbed the “statute of repose,” has been in the spotlight recently, thanks to a controversial bill that was introduced in the state legislature. SB 736 would have reduced the deadline for certain claims to seven years, continuing a trend that began in 2006 when the repose period was lowered from fifteen years to ten.

A ruling by Florida’s Fifth District Court of Appeal focused on issues surrounding the determination of the trigger date for the start of the period of repose. The unanimous opinion reversed the lower court’s summary judgment in a case stemming from a construction defects lawsuit brought by the Spring Isle Community Association against Pulte Home Corporation.

Pulte, the developer of the 71 building, 390 townhome community in Spring Isle, Fla., was accused of construction defects related to the buildings’ exteriors and roofs. It filed a third-party complaint against several subcontractors, and the trial court found that the statute of repose barred its claims against one of the largest subcontractors on more than 80 percent of the townhomes.

Pulte appealed the trial court’s decision, and the association was substituted as the appellant.

In its appeal, the Spring Isle association argued that the repose period began when the master contract between Pulte and the subcontractor in question was completed, and also when all other townhome construction contracts were completed, which occurred less than ten years prior to the filing of Pulte’s third-party complaint.

April 14, 2022

Firm’s Lawsuit Against Suffolk Construction Involving New PortMiami Virgin Voyages Terminal Makes Headlines in The Real Deal

by Siegfried Rivera

Siegfried Rivera

The firm’s lawsuit against Suffolk Construction on behalf of Suncor, a structural steel fabricator, involving the construction of the new Virgin Voyages cruise terminal at PortMiami completed last year was the subject of an article from April 6 by The Real Deal. The breach of contract lawsuit filed in March in Miami-Dade Circuit Court alleges Suffolk withheld $2.6 million in payments, including for extra expenses accrued because the plans it provided were erroneous and incomplete. The article reads:

. . . As the design-build contractor, Suffolk was responsible for the plans provided by the engineer. So, to the extent there were any errors or gaps, the accountability falls on Suffolk, said attorney Stuart Sobel, who represents Suncor.

“Suncor has done something like 100 jobs for Suffolk all over the country for 25 years. They had a great relationship with Suffolk until this job,” Sobel said. “And they are really at a wit’s end to explain why Suffolk has taken this position.”

Boston-based Suffolk declined comment.

Suffolk accused Suncor of delaying the job, but the steel contractor has proven that it did not, according to Sobel.

April 5, 2022

Stuart Sobel Provides Expert Insight on Major Construction Lawsuit Over Miami’s “Signature Bridge” in Daily Business Review

by Siegfried Rivera

Siegfried Rivera

When the editors and reporters at the Daily Business Review are seeking sage legal wisdom on major construction lawsuits involving high-profile projects for their readers, they turn to the firm’s Stuart Sobel for his input. Stuart, who is board certified in construction law by The Florida Bar, was quoted extensively by the DBR on his insights and takeaways on a lawsuit involving the “Signature Bridge” currently under construction in downtown Miami.

The article from the Daily Business Review, South Florida’s exclusive business daily and official court newspaper, appeared in yesterday’s edition of the newspaper under the headline “In Miami Federal Lawsuit, Litigant Seeks $155 Million for ‘Signature’ Construction Gone Wrong.” It focuses on a lawsuit in Miami federal court seeking the nine-figure damages due to the defendants’ alleged gross negligence in designing the new span that has been called Miami’s “Signature Bridge” (see renderings in video below). The article reads:

. . . Stuart Sobel, a shareholder at Siegfried Rivera in Coral Gables, is not involved in the lawsuit that Alexandre Drummond, a partner at Seyfarth Shaw in Atlanta, filed on behalf of Archer Western LLC and De Moya Corp., identified in the complaint as CJV. Sobel said it is suspect that one of the defendants, HDR Engineering Inc., would err so completely in its preliminary design documents, such as by failing to complete basic due diligence in not having wind tunnel testing done until after the project broke ground.

“You can do wind tunnel testing; you can do all sorts of testing, especially with the technologies that we now have,” Sobel said. “You can test the design 16 different ways from Sunday before you submit it. This is shocking to me if that’s true.” . . .

January 4, 2022

Firm’s Talent Development Program Featured in Article in American Lawyer Media’s Daily Report

by Siegfried Rivera

Siegfried Rivera

Our firm is extremely proud of our talent development program for new associates that was featured in an article in today’s online edition of American Lawyer Media’s Daily Report newspaper in Atlanta. The article, which was titled “Extremely Beneficial: How Firms Use Talent Development Programs to Get a Leg Up” and will soon appear in the print edition of the newspaper and also in the pages of ALM’s Daily Business Review in South Florida, focuses on the programs that several law firms in Georgia and Florida have created to help new associates develop their skills and knowledge. It includes insights from the firm’s Stuart Sobel and Maryvel De Castro Valdes. The article reads:

. . .For at least a quarter-century, Siegfried Rivera, a Coral Gables, Florida-based firm, has had its new construction attorneys go through a rigorous process of studying construction law and then speaking to fellow lawyers in the firm before lecturing in front of other attorneys in other organizations and even at public events such as conferences.

Maryvel “Marty” Valdes, a nonequity shareholder at Siegfried Rivera, went through the program shortly after joining the firm in 2012.
“It’s important,” she said. “For the firm, number one, it helps give the younger associates a sense of confidence. It’s something you’re very concerned [about] when you are first out there. You don’t want to make yourself or the firm look bad. I would say it was a benefit in every sense of the word.” . . .

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December 14, 2021

Ruling Establishes Limits of Liens with Respect to Public Land

by B. Michael Clark, Jr.

B. Michael Clark, Jr.

A recent ruling by Florida’s Third District Court of Appeal over a dispute involving a new real estate development on a City of North Miami property has clarified a potentially confusing aspect of the lien law.

The ruling provides both the government landlords as well as their private-sector developer partners a new understanding of how Florida’s lien law will be applied if construction disputes arise and liens are filed.

The case involved a dispute at Biscayne Landing in North Miami. The City of North Miami leased the property in May 2012 to developer Oleta Partners LLC as a sub-landlord, and Oleta subsequently entered into a ground sublease with Warren Henry Automobiles for a new dealership on a portion of the property. Warren Henry later assigned the ground sublease to another company, which conveyed a leasehold interest in the property back to Warren Henry as a lower-tier sub-sub-tenant.

In 2017, the luxury automobile dealership retained general contractor James B. Pirtle Construction Co. to build its new store. A dispute arose and Pirtle recorded a construction lien against the tenant’s leasehold interest.

November 9, 2021

Article Featuring Stuart Sobel in Daily Report: “‘No Shortcut’: Construction Lawyers on Jumping Into the Industry”

by Siegfried Rivera

Siegfried Rivera

An article on the current growth in construction and the opportunities for highly qualified and experienced construction attorneys in Georgia and Florida that appeared recently in the pages of American Lawyer Media’s Daily Report newspaper in Atlanta featured extensive quotes and input from the firm’s Stuart Sobel. The article reads:

. . . Stuart Sobel, shareholder with the Siegfried Rivera firm in Coral Gables, Florida, has practiced law for 43 years, with the last 26 focused 99% on construction. He said South Florida’s construction market is equally successful today.

“There’s tons of work, and it’s actually been strong for a while, just different segments of the construction market” fluctuating at times, Sobel said. He added the only sector within the construction industry that’s tailed off lately is commercial/retail, due to a rise in online shopping, but he’s seen some development recently in areas such as Doral.

The statistics back up the praise from Shelar and Sobel.

August 25, 2021

Firm’s Jason Rodgers-da Cruz Co-Authors Chapter in American Bar Association Forum on Construction Law’s “Construction Trial Deskbook”

by Siegfried Rivera

Siegfried Rivera

Our firm is known around the country for our work in construction law-related matters. Recently, we were privileged to have been selected to have Jason Rodgers-da Cruz co-author one of the chapters for the American Bar Association’s newly released “Construction Trial Deskbook.”

The chapter, which is titled “Jury Instructions and Verdict Forms,” serves as a resource for construction attorneys preparing for trial. This trial practice handbook was written by construction lawyers who, collectively, have decades of trial experience. The book follows a trial sequence, with chapters on jury selection, opening statements, direct and cross-examination, handling experts and exhibits, jury instructions, and closing.

Our firm congratulates Jason Rodgers-da Cruz for his participation in developing such an essential chapter in a book that will play a vital role in assisting construction attorneys preparing to go to trial. Click here for more information on the new book.