July 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.™






Owner/Contractor Under Duty to Ensure Safe Site


Worthington Communities, Inc., was both the property owner and the general contractor for a condominium project in Fort Meyers. Worthington contracted with Sunshine Masonry, Inc. ("Sunshine") to install forms and pour concrete for structural divisions between floors. The joist system utilized by Sunshine required the placement of steel joists between the exterior masonry walls, stabilized by rollbars around the perimeter of the walls and at intervals along the length of the joists. The wire mesh to be used for reinforcement of the concrete was delivered in 3700-pound bundles. The joist manufacturer's specifications and the blueprint notes indicated that the mesh bundles should not be loaded and stored on the joists until the rollbars were completely installed.  Read On . . .

Florida Construction Law Legislative Update


This annual Legislative Session in Tallahassee was an active session for construction law related issues. In our continuing effort to keep our clients up to date on the latest construction law issues, Your Construction Law FirmTM provides this summary as to the Legislative enactments in 2013 affecting the construction industry: Read On . . .

Not So Fast. Land Use Permit Conditions Must Be Reasonable



In Koontz v. St. Johns River Water Management Dist. 77 So. 3d 1220 (2013), Coy Koontz, Sr. ("Koontz"), sought permits to develop a section of his property from the St. Johns River Water Management District ("District"). As required by Florida law, Koontz offered to mitigate the environmental effects of his proposed development by agreeing to deed nearly three­ quarters of his property to the District to use as a conservation easement. The District rejected Koontz's proposal and informed him that it would approve construction only if he (1) re­duced the size of his development and deeded the remaining (larger) portion of his property to the Dis­trict or (2) paid for contractors to make improvements to District-­owned wetlands several miles away. Believing the District's de­mands to be excessive, Koontz filed suit under a Florida law that provides for money damages when an agency's action is an "unreasonable exercise of the state's police power constituting a taking without just compensation."  Read On . . .


Supplier Can Be Liabile To Owner for Defective Materials


Retailers are sometimes held liable for product defects, even though they did nothing more than sell a product without knowledge of its defects. The same thing can happen to contractors and subcontractors. They incorporate the defective work or materials of someone else into their own work, and end up being liable to the person to whom they sold the defective work or materials. But, that's not necessarily the end of the story.  Read More . . . 

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.  


The attorneys of Your Construction Law Firm will be continuing the Firm's industry outreach at the following seminars / speaking engagements:


October 17, 2013 - MiamiFlorida - Larry R. Leiby will be presenting at the Seminar Group seminar on Florida Construction Law on the topic of "Lien and Bond Claims Dealing With The Surety."


October 18, 2013 - Broward County Bar Association Bench & Bar Convention - Harry Malka & Ian T. Kravitz will be heading a panel discussion of Florida's Construction Lien Law to judges and attorneys attending the Broward County Bar Association Convention.


October 18, 2013 - Broward County Bar Association Bench & Bar Convention - Larry Leiby will be  presenting a seminar on "Current Issues in Arbitration including new Revised Florida Arbitration Code and Expanded Review of Awards" and "Legal Issues for the Court re: Arbitration - Motions to Compel Arbitration; Jurisdiction on Arbitrability; Motions to Confirm, Modify, and Vacate Arbitration Awards"



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
Owner/Contractor Under Duty To Ensure Safe Site
2013 Florida Construction Law Legislative Update
Not So Fast. Land Use Permit Conditions Must Be Reasonable

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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.