Taylor, Day, Grimm & Boyd expanded their leadership team, promoting three associate attorneys to partner in January. Katherine R. Woods Katherine joined the Taylor, Day, Grimm & Boyd team in
Category: Recent Events
Each year City Rescue Mission collects Shoeboxes of Love for our neighbors in need. These boxed toiletry kits are wrapped in blankets and distributed to individuals entering CRM’s emergency shelter.
Taylor Day Attorney, Katherine R. Woods, had the pleasure of speaking at ALFA International’s 2022 Insurance & Professional Liability Seminar last week. The panel discussion, “From Titian to Van Gogh:
On June 14, 2017, Governor Rick Scott signed HB 377, making it law effective July 31, 2017. HB 377 relates to the 10-year statute of repose relative to construction defect claims. The statute repose is the absolute bar precluding claims for construction defects on projects 10-years-old or older. Specifically, Fla. Stat. §95.11(3)(c) states that, regardless of the latency of a defect, no claim for construction defects can be asserted if brought beyond ten (10) years of the latest of actual possession by the owner, issuance of a certificate of occupancy, abandonment of construction, or completion of the contract. “Completion of the contract” had, for many years, gone undefined and was the subject of much litigation and arguably opened the construction industry to claims beyond the ten (10) year statute of repose. Then, in 2015, a Florida Court in Cypress Fairway Condominium v. Bergeron Construction Co., Inc., 164 So.3d 706 (Fla. 5th DCA 2015) defined “completion of the contract” as the date the owner issued final payment. But what happens in cases where the owner endlessly negotiates final payment, refuses to make the final payment, or cannot make final payment? Arguably, the statute of repose would lag on and on to the detriment of the contractor in those circumstances. The Cypress Condominium case would also arguably allow unscrupulous owners to intentionally withhold final payment simply to extend the statute of repose on any potential defect claims.