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Articles Posted in Firm News

Stuart-Sobel-2013-thumb-200x300-87324-200x300The firm’s Stuart H. Sobel was the subject of the weekly “Profiles in Law” feature in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “How Miami Construction Lawyer Stuart Sobel Accidentally Built a Trial Empire,” discusses the entire span of Stuart’s career in the law and his varied litigation experience.  It reads:

. . . Sobel’s represented Miami’s New World Center concert hall, the contractor who built the Port of Miami tunnel, the steel fabricator who built Miami’s Brightline train terminal — and the one who put the roof on the Hard Rock Stadium, home of the Miami Dolphins.

As shareholder at Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel’s Coral Gables office, construction cases account for 98% of Sobel’s practice, and avoiding trial is the top priority. But in the 1980s, Sobel cut his teeth trying “any kind of case and every kind of case” that got him into the courtroom.

. . . Sobel took the law boards “on a lark” but had decided on a business degree at the Wharton School of the University of Pennsylvania. While driving to Philadelphia for his first semester, Sobel changed his mind. Somehow, his brother Jack Sobel, in law school at the University of Miami at the time, convinced law school dean Soia Mentschikoff to take a call from Sobel on his travels.

dbr-logo-300x57“I was literally in my car, pulled over, went to a phone booth and got interviewed by Dean Mentschikoff,” Sobel said. “And at the end of the conversation she said, ‘Keep driving.’ I got to Miami on a Thursday afternoon and I started law school on Monday morning without ever applying.”

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susanodess-srhl-224x300LindseyTLehr-200x300An article authored by shareholders Lindsey Thurswell Lehr and Susan C. Odess was featured as the “My View” guest commentary column in the Business Monday section of today’s Miami Herald.  The article, which is titled “Lawsuits by Condo Associations Against Neighboring Developers, Builders Are New Norm,” focuses on the spate of recent lawsuits against South Florida condominium developers and general contractors alleging their construction work caused physical damage to neighboring condominium towers.  Their article reads:

. . . This new litigation trend appears to have especially taken hold in South Florida, where several prominent condominium developers and contractors have been sued by adjacent associations for damages emanating from their construction sites. The lawsuits raise claims for structural damage, fallen stucco, splattered paint, excessive dirt, broken glass/windows, and other damage resulting from the construction practices of neighboring developments.

The insurer for the 1060 Brickell Condominium Towers brought a lawsuit alleging construction debris from Panorama, 1010 Brickell and the Bond damaged the two 1060 Brickell buildings. The lawsuit claims that the construction activities at these properties damaged 1060 Brickell’s facade, balconies, railings, pool deck, roof, cooling tower and other components.

MHerald2015-300x72The entire development team behind the ultra-luxe Porsche Design Tower faced a similar lawsuit brought by the association for the adjacent Millennium Condominium. The association alleged that its building suffered millions of dollars in damage caused by the Porsche Tower’s construction next door, including extensive cracks to the lobby, parking garage and pool deck. Engineers concluded that the cracks were caused by excessive vibrations from the pile-driving equipment used for the neighboring tower’s foundation, and the suit also alleged concrete overspray splattered onto Millennium’s balconies, ruining the building’s paint job and related exterior components.

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With more than 6,000 members, the American Bar Association’s Forum on Construction Law is the world’s largest organization of construction attorneys.  It offers invaluable opportunities for construction lawyers to interact and learn from many of the most accomplished practitioners in the profession.

The Forum has 14 distinct divisions focusing on different aspects of construction law, including insurance, surety, contract documents, design, construction delivery methods, and labor issues. It conducts simultaneous events at four different cities every fall focusing on the same issue, and it also hosts several other yearly gatherings that enable participants to learn about various timely issues impacting the industry.

NSiegfried2013-thumb-200x300-94905-199x300Our firm’s construction law attorneys have a long history of playing very active roles in the Forum, and partner Nicholas Siegfried is continuing to build on our legacy of involvement as the former Chair of the Young Lawyers Division of the Forum.  He has had the honor of speaking at numerous events, including the Forum on Construction Law 2016 Fall Meeting in Chicago where he spoke on the legal implications associated with new wearable technology in the construction industry.  He was also a speaker at the ABA Forum on Construction Law’s regional February 2016 program in Jacksonville, Fla., where he spoke about the types of damages recoverable in a construction claim as well as the negotiation of damage provisions in a construction contract.  In 2017, he spoke on trends in construction defect claims as well as Chapter 558 at the National Construction Defect Conference in Fort Lauderdale, Fla.

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George-Ketelhohn-Gort-photo-200x300Firm shareholder Georg Ketelhohn authored an article that appeared as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Ruling Clarifies the Use of Pre-Suit Notice in Construction Defect Lawsuits,” discusses how the application of the 10-year statute of repose for construction defect lawsuits in Florida became a bit clearer recently after one of the state’s district courts of appeal found that the requisite pre-suit notice qualified as the commencement of an action under the state’s limitation period.  Georg’s article reads:

Florida law provides a four-year statute of limitations for lawsuits founded on construction defects, but in cases of latent defects, the four-year period runs from the time the defect is discovered or should have been discovered. Florida law also provides for a 10-year statute of repose, which requires that any action founded on the design, planning or construction of an improvement to real property must be commenced within 10 years, regardless of whether the construction defect was latent. Florida’s Chapter 558 requires pre-suit notice and compliance with other pre-suit procedural requirements before filing a lawsuit alleging construction defects.

The case of Gindel v. Centex Homes involved allegations of latent defects in townhomes that were discovered by the homeowners only a few months prior to the expiration of the 10-year statute of repose. The owners subsequently provided the requisite pre-suit notice pursuant to Chapter 558 of the Florida Statutes to Centex approximately two months prior to the expiration of the 10-year repose period.

At the completion of the mandatory pre-suit procedure, which was more than one month after the expiration of the 10-year period, the builder declined to provide a remedy for the alleged defects and the homeowners filed suit.

dbrlogo-thumb-220x41-94239The trial court granted summary judgment in favor of Centex. It disagreed with the homeowners’ argument that the action commenced upon the filing of the requisite pre-suit notice as prescribed under Chapter 558. The trial court concluded that the action commenced upon the filing of the suit, so it originated after the expiration of the 10-year period.

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NSiegfried-ABA-2018-300x300Firm shareholder Nicholas D. Siegfried served as a program co-chair for the American Bar Association Forum on Construction Law’s 2018 Fall Meeting.  The event, which took place Oct. 4-5, 2018 in Montreal, Canada and was titled “It’s Lonely at the Top: Building a Successful Team with the Owner,” drew more than 450 ABA members and construction law practitioners.

George-Ketelhohn-Gort-photo-200x300For the second consecutive day, an article by one of our attorneys was featured as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is authored by shareholder Georg Ketelhohn and is titled “Going Strong: Slavin Doctrine Continues to Protect Florida’s Builders, Designers,” focuses on a recent appellate ruling that illustrates how the Slavin Doctrine continues to offer vital protections from liability for the state’s contractors, subcontractors and design professionals against future injuries alleged to have been caused by defects in their work.  Georg’s article reads:

The 60 year-old ruling by the state’s highest court held that a contractor’s liability in negligence, which is the duty of care that it owes to third parties, terminates if the property owner accepts the contractor’s work with patent defects. It is used to defend contractors from liability for patently obvious and apparent defects when they cause injuries after the property owner has accepted the improvements together with the responsibility for their ongoing maintenance and repair.

dbr-logo-300x57The recent ruling applying the doctrine was issued by the state’s Third District Court of Appeal in the case of Melitina Valiente v. R.J. Behar. It stems from the tragic death of a motorcyclist who collided with another vehicle at a Hialeah intersection in 2008. The subsequent complaint was filed by the victim’s mother against the city of Hialeah, R.J. Behar & Co., Williams Paving and Melrose Nursery, among others.

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Nick Siegfried 2013-thumb-160x240-60131Nicholas D. Siegfried has played a leadership role in the Young Lawyers Division of the American Bar Association Forum on the Construction Industry, which he chaired from 2016 – 2018.  He has focused particularly on the group’s efforts behind the ACE Mentor Program, and on March 7th, 2018 he helped to lead students from various high schools in Washington D.C. through the Construction Negotiation Module that he had previously developed for the program.

Nick Siegfried 2013-thumb-160x240-60131Firm partner Nicholas D. Siegfried authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Contractors That Allow Court Notices to Fall Through the Cracks Will Face Severe Consequences,” focuses on the takeaways from a recent appellate ruling against a contractor that failed to file suit against a surety bond within the required 60 days.  His article reads:

In the case of Rabil v. Seaside Builders, a dispute arose between the homeowners and their contractor. Thereafter, the contractor recorded a construction lien against the property under Chapter 713, Florida Statutes, and filed suit.  The homeowners responded by posting a lien transfer bond and recording a notice of contest of lien.  The notice shortened the time for the contractor to file suit against the transfer bond from one year to 60 days. The clerk of court dbrlogo-300x57recorded a certificate of transfer of the lien to bond and mailed a copy to the contractor along with the notice of contest of lien.

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Michael-Clark-Gort-photo-thumb-160x240-13551Firm partner B. Michael Clark Jr. authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Fla. Supreme Court Finds Insurers Liable From Onset of Construction Defect Pre-Suit Process,” discusses the ramifications of the recent decision by the state’s highest court holding that the pre-litigation notice and repair process for construction defect cases does indeed constitute a claim which general liability insurance carriers must recognize.  The article reads:

The state’s pre-litigation defect procedure, outlined in Chapter 558, was enacted in 2003 to provide a means by which property owners could notify builders of alleged construction or design defects. The responsible contractors, subcontractors and design professionals must then either voluntarily resolve the defects or deny liability.  The goal of the statute was to reduce the amount of complex, multiparty construction defect litigation, which had ballooned during dbrlogo-300x57the building boom prior to the collapse of the housing market and the foreclosure crisis.

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Stuart-Sobel-2013-thumb-180x270-86799The firm’s Stuart Sobel was quoted in an article in today’s Daily Business Review, South Florida’s exclusive business daily and official court newspaper, about a lawsuit by client ADF International, the steel contractor on Brightline’s downtown Miami train station.  ADF was hired in 2016 by Suffolk Construction Co. Inc., the MiamiCentral general contractor, to work on Brightline’s private passenger rail station and one of the office buildings in the complex.  The company claims it is owed $25.8 million for extra work blamed on on-site issues and incomplete and faulty plans.  It is suing Suffolk Construction, project architect and engineer Skidmore, Owings & Merrill LLP, and All Aboard Florida, which plans to run Brightline trains between Miami and Orlando and is building MiamiCentral along Northwest First Avenue between Third and Eighth streets.

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