March 2013
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As part of our continuing effort to inform our clients of recent changes in the laws effecting your construction business, we offer you this complementary monthly newsletter of recent events, rulings and laws in the area of construction. We hope you find this helpful.


As always, if you have any questions or concerns related to your business needs, please do not hesitate to contact any of the Board Certified Construction Attorneys at Your Construction Law Firm.™






Death of the Economic Loss Rule -- Or a case of Judicial Semantics?

The economic loss rule has been a long evolving judicial doctrine that served as a basis to prohibit people from suing for damages that result from nonperformance of the contract under a tort theory when the parties had a contract. Simply put, you cannot sue in tort (i.e. for negligence) for breaches of a contract. Contractual remedies apply to breach of a contractual duty, and one is prohibited from seeking damages in tort for breach of contract losses.  Read This Article . . .

Don't Wait Until All Damages Are Known Before Notifying Your Insurer.  It May Be Too Late!


As we have written before (read here), providing timely notice of an insurance claim can often be the difference between securing coverage, or facing financial catastrophe. In the case of 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Insurance Corporation, Florida Courts have again weighed in on the topic. In that case, the condominium suffered what appeared to be minor roof damage as a result of land-falling Hurricane Wilma in October of 2005. The Condominium Association took it upon themselves to make those relatively minor roofing repairs in December of 2005. That they hoped would be the end of the story. Unfortunately that was not the case.   


Read this article . . .

I Signed What? Take Care To Understand The Releases You Sign!


You have all been there.  You are due monies on a project, cash flow is tight, and finally a check is ready.  You are handed a release to sign, and so without much concern.  It is not until later that you learn the effect of that release.  Although you have executed hundreds or thousands of similar releases under similar circumstances without a hitch, do not assume that this release will bring the same result.  As we have written here  before, release language can prove tricky to analyze.




Florida Construction Lien Law Timing. What You Need to Know!
The Florida Construction Lien Law has been called many things, but not simple.  There are key time periods, the failure to comply with which, can result in the loss of lien rights or other serious consequences. 
Your Construction Law Firm Continues Its Industry Outreach.

Your Construction Law Firm is proud to announce that Larry R. Leiby's 2012-2013 edition of the Florida Construction Law Manual is on book shelves now.  You can place your order directly from West here  Construction Law Manual


For more information, please contact Your Construction Law Firm.  


Larry R. Leiby of Your Construction Law Firm will be continuing the Firm's industry outreach at the following seminars / speaking engagements:


May 1, 2013, The Seminar Group, Miami, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases


May 3, 2013, The Seminar Group, Orlando, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases

May 11, 2013, Florida Bar Construction Law Committee - Speaking on drafting of contract arbitration clauses.


Your Construction Law Firm Relaunches www.mkpalaw.com
Your Construction Law Firm is proud to announce the relaunch of our internet portal at www.mkpalaw.com. We have worked hard to update and include for your benefit relevant Florida Statutes, archived newsletters, forms, articles, and our Florida Construction Law Blog.  We hope you will find our new internet portal informative and helpful. 
Please take the time to go through our site, connect with us utilizing the socuial media links located on the site, and subscribe to our blog service.  It is all free of charge to you, and will help you stay informed on everything construction law.
If you have any suggestions that you believe would improve our site, please email Ian Kravitz at ian@mkpalaw.com to let us know.  We are here to serve you as Your Construction Law Firm.
Contact any of our Board Certified Attorneys and allow us to serve as

    Your Construction Law Firm.™ 

1300 Sawgrass Corporate Parkway, Suite 100
Fort Lauderdale, Florida 33323
Telephone 954-514-0984   Facsimile 954-514-0985
In This Issue
Death of the Economic Loss Rule -- or a Case of Judicial Semantics
Don't Wait Before Notifying Your Insurer...It May Be too Late!
I Signed What? Take Care To Understand The Releases You Sign!
Florida Construction Lien Law Timing. What You Need to Know!

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Your Construction Law Firm™
At Malka & Kravitz, P.A., we are a Martindale Hubbell AV rated law firm dedictated to providing services tailoreed to the individual needs of our clients and their individual business workings.  All of our attorneys are Board Certified by The Florida Bar as experts in Construction Law.  This is the highest recognition of competence provided by the Florida bar.