Taylor Day Law

The Briefing

Monthly Archives: July 2020

Substantial Hit to Indivisible Injury Argument in Florida

Substantial Hit to Indivisible Injury Argument in Florida

July 27, 2020 For Immediate Release Written by: Christopher J. Mueller, Esq. & Taylor Schmidinger, Law Clerk Recently, the Fourth District Court of Appeals affirmed a trial court’s apportionment of damages between an engineering firm, a general contractor, and a program manager in the matter of Broward County, Florida v. CH2M Hill, Inc. In doing so, the appeals court dealt a substantial, if not fatal, blow to the concept of indivisible injury among multiple breaches of contract causing a single harm. In the underlying case, Broward County alleged that the general contractor for a project to construct a taxiway at Fort Lauderdale-Hollywood International Airport breached its contract with the County by performing defective work which contributed to the defective construction of the taxiway. The County also alleged that an engineering firm, breached its contract with the County through errors, omissions, or defects in the design of the project as well.  The trial court entered a final judgment in favor of the County and subsequently allocated damages for breach of contract between Triple R, CH2M, and a former party in the lawsuit that had settled before trial.  The trial court allocated the damages as follows: (1) 60% of the damages to the former party; (2) 25% of the damages to Triple R; and (3) 15% of the damages to CH2M. In doing so, the trial court rejected the County’s argument that judgment should be joint and several, arguing the County’s breach of contract damages were indivisible and therefore not subject to […]

Learn More

The Artemis Accords – Law for Lunar Explorers

The Artemis Accords – Law for Lunar Explorers

While the Artemis Accords sounds like a treaty to come out of a sci-fi film, Japan joins the latest group of nations to agree to collaborate on the Artemis Program. The goal of the Artemis Program is for NASA to corroborate with other nations for lunar surface exploration and establishment of a foothold to Mars. NASA’s immediate goal is to land the first woman and the next man on the Moon by 2024, heralding a new era for space exploration and utilization. And signing the Joint Exploration Declaration of Intent, code-named JEDI, along with the Artemis accords establishes a common set of principals to govern the civil exploration and use of outer space grounded in the Outer Space Treaty of 1967[1] (“Treaty”) of both governments and private companies. Among the agreements of the Artemis Accords are to promote international cooperation for peaceful purposes, transparency, interoperability through implementation of international standards, provide emergency assistance when needed, register space objects, release scientific data to the world at large, protect historic sites around the moon (such as the Apollo 11 landing site), space resource extraction and utilization to be conducted under the tenets of the Treaty, the creation of “safety zones” and information of locations off-limits to the general public, and the mitigation of orbital debris and Spacecraft disposal. The Artemis Accords are just one small step to continued space exploration and our return to the moon and the giant leap beyond. [1] The Outer Space Treaty of 1967 is a list of […]

Learn More