Justia U.S. 11th Circuit Court of Appeals Opinion Summaries
Articles Posted in Construction Law
Amerisure Insurance Company v. Landmark American Insurance Company
This case, decided by the United States Court of Appeals for the Eleventh Circuit, involved an insurance dispute concerning coverage for defects and delays in the construction of an office building. Riverside Avenue Partners, Ltd. contracted with the Auchter Company to construct the building. After experiencing delays and water intrusion, Riverside Avenue Partners sued Auchter and its surety, Arch Insurance Company. Auchter and Arch filed a third-party complaint against TSG Industries, the window subcontractor, and other subcontractors. TSG's insurer, Landmark American Insurance Company, initially recognized Auchter as an additional insured but later refused to defend them, leading Amerisure, Auchter’s primary insurance provider, to defend Auchter under a reservation of rights.Upon review, the Eleventh Circuit dismissed the appeal, concluding that it lacked jurisdiction. The court determined that the district court's purported final judgment in the case, which favored Amerisure, did not dispose of all claims against all parties, so it was not final. Specifically, Landmark's crossclaim against TSG, stating it had no duty to defend or indemnify TSG in the underlying action, remained unresolved. Despite Amerisure's post-argument briefing suggestion that the declaratory judgments issued below fully answered questions related to Landmark's obligations to TSG, the court maintained that the claims against TSG were still pending, thus lacking jurisdiction to hear the appeal. The court dismissed the appeal and recommended the unresolved matters to the attention of the district court on remand. View "Amerisure Insurance Company v. Landmark American Insurance Company" on Justia Law
NBIS Construction & Transport Insurance Services, v. Liebherr-America, Inc.
In this case, the United States Court of Appeals for the Eleventh Circuit had to apply Florida tort law to a dispute concerning the collapse of a crane boom. The plaintiff, NBIS Construction & Transport Insurance Services, Inc., an insurer of the crane's owner, sued the defendants, Liebherr-America, Inc., a distributor and servicer of the type of crane in question, for over $1.7 million in damages resulting from the collapse. The defendants argued that they were shielded from liability by Florida’s economic loss rule. The magistrate judge, after a five-day bench trial, rejected this argument. The court of appeals found Florida law unclear on this issue and certified a question to the Florida Supreme Court.The facts of the case involved a crane purchased by Sims Crane & Equipment Company from a non-party broker, which was manufactured by Liebherr Werk Ehingen GMbH. Two Sims crane operators received training from a Liebherr-America employee, which involved swapping out different configurations of the crane boom. However, the training was inadequate and did not provide sufficient information about the proper placement of specific pins which, if misadjusted, could cause the crane boom to collapse. When the crane boom did collapse during a construction project, causing a fatality and damage to the crane, NBIS filed a negligence suit against Liebherr-America.The key issue in the case was whether Florida’s economic loss rule, which generally limits recovery in tort cases to situations where there is damage to other property or personal injury, and not just economic loss, applied in this case. The defendants argued that the rule should apply because the plaintiff’s negligence claims were akin to failure to warn theories found in products liability law, which fall within the scope of the rule. The plaintiff argued that the rule should not apply because this was not a product liability case asserting a product defect, but rather a case alleging negligent services provided by the defendants. Because the court found Florida law unclear on this issue, it certified the question to the Florida Supreme Court. View "NBIS Construction & Transport Insurance Services, v. Liebherr-America, Inc." on Justia Law
International Fidelity Insurance Co. v. Americaribe-Moriarity JV
Americaribe, a general contractor, appealed the district court's award of attorney's fees to Fidelity, the surety on a performance bond issued for a construction subcontract between Americaribe and the subcontractor CPM. The Eleventh Circuit reversed and held that Fidelity was not entitled to recover the attorney's fees it incurred in this litigation because neither the performance bond nor the subcontract provided for such an award of prevailing party attorney's fees. Because the district court abused its discretion in awarding Fidelity attorney's fees, the court remanded for further proceedings. View "International Fidelity Insurance Co. v. Americaribe-Moriarity JV" on Justia Law
Posted in:
Construction Law, Legal Ethics
Carithers v. Mid-Continent Casualty Company
After discovering a number of defects in their home, plaintiffs Hugh and Katherine Carithers filed suit against their homebuilder, Cronk Duch, in state court. Cronk Duch’s insurance company, Mid-Continent Casualty Company, refused to defend the action on behalf of Cronk Duch. The Carithers and Cronk Duch then entered into a consent judgment in the underlying action for approximately $90,000, in favor of the Carithers. The consent judgment also assigned to the Carithers Cronk Duch’s right to collect the judgment amount from Mid-Continent. The Carithers then filed this action against Mid-Continent in state court to collect from Mid-Continent on the settlement. Mid-Continent removed the case to the Middle District of Florida. The Carithers are the Plaintiffs in this action due to Cronk Duch’s assignment of its rights to them. The Fifth Circuit, after careful consideration, affirmed in part, and reversed in part, addressing a number of coverage issues related to damage from the completed house caused by the defective work of subcontractors. View "Carithers v. Mid-Continent Casualty Company" on Justia Law
Posted in:
Construction Law, Insurance Law
Harding v. Orlando Apartments, LLC, et al.
Plaintiff filed suit against BHDR under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., alleging that by failing to remedy certain flaws in the design and construction of the District Universal Boulevard Apartments (the District), BHDR discriminated against people with handicaps in violation of 42 U.S.C. 3604(f)(1)-(2). The court held that the FHA's design-and-construction guidelines do not provide a standard for determining whether discrimination under section 3604(f)(1) and (f)(2) exists outside of the design and construction contexts. Despite the fact that BHDR was not involved in the design or construction of the District, all of plaintiff's claims that BHDR violated subsections (f)(1) and (f)(2) were alleged through the lens of the design-and-construction guidelines in subsection (f)(3). The court held that an FHA plaintiff cannot establish the discrimination of a defendant who was uninvolved in the design or construction of a dwelling by reference to the guidelines at section 3604(f)(3)(C). Therefore, the district court did not err in granting summary judgment to BHDR. View "Harding v. Orlando Apartments, LLC, et al." on Justia Law
Tampa Bay Water v. HDR Engineering, Inc.
TBW filed suit against several defendants, including HDR Engineering and Barnard Construction Company, alleging that HDR defectively designed TBW's reservoir and that Barnard defectively constructed it. The primary issue on appeal concerned the district court's decision to allow HDR to present evidence that Barnard caused the reservoir damage. The court held that, in the procedural posture of this case, the summary judgment granted to Barnard did not directly estop HDR from introducing evidence at trial that Barnard caused the damage; the district court's admission of certain expert testimony was not manifestly erroneous or an abuse of discretion; and the district court did not abuse its discretion in denying TBW's motion for leave to amend its complaint for a second time. Accordingly, the court affirmed the judgment of the district court and denied the motion to certify. View "Tampa Bay Water v. HDR Engineering, Inc." on Justia Law
Posted in:
Construction Law, U.S. 11th Circuit Court of Appeals
Odebrecht Construction, Inc. v. Secretary, FL DOT
In this interlocutory appeal, the Secretary appealed the district court's order granting Odebrecht a preliminary injunction barring the Department's enforcement of a Florida law known as the Cuba Amendment, 2012 Fla. Laws 196, section 2. The Amendment prevented any company that did business in Cuba - or that was in any way related to a company that did business in Cuba - from bidding on state or local public contracts in the State of Florida. The court concluded that Odebrecht has demonstrated a substantial likelihood of success on its claim that the Cuba Amendment violated the Supremacy Clause of the Constitution under principles of conflict preemption; Odebrecht would have suffered irreparable harm absent the injunction; the balance of harms strongly favored the injunction; and the injunction did not disserve the public interest. Accordingly, the court affirmed the judgment. View "Odebrecht Construction, Inc. v. Secretary, FL DOT" on Justia Law
United States for the use and benefit of Postel Erection Group, L.L.C., et al v. Travelers Casualty and Surety, et al
Travelers moved to dismiss Postel's appeal of the district court's stay of Postel's lawsuit seeking payment from Travelers on a surety bond for work that it performed as a subcontractor. Postel brought its suit pursuant to the Miller Act, 40 U.S.C. 3131 et seq. Travelers argued that Postel's appeal, which was not filed until fifty-five days after the district court's order, was untimely. Because Postel did not argue that the United States had any involvement in this case, but instead relied solely on the statutory requirement that it bring its Miller Act claim in the name of the United States, the court concluded that it was required to file its notice of appeal within thirty days under Rule 4(a)(1)(A). Accordingly, the court granted Travelers' motion to dismiss the appeal for lack of jurisdiction. View "United States for the use and benefit of Postel Erection Group, L.L.C., et al v. Travelers Casualty and Surety, et al" on Justia Law
Flintlock Construction Serv., et al v. American Safety Risk Retention, et al
Well-Come sought a judgment declaring that it was an additional insured on a commercial general liability policy and an excess/umbrella liability policy allegedly issued to Flintlock, its contractor, on the apartment building project, by ASRRG and ASIS. Several third parties have brought tort actions against Well-Come and Flintlock in New York state court to recover damages they sustained as a result of the construction of Well-Come's apartment building. The court dismissed Well-Come's claims against Flintlock as well as Flintlock's counterclaims against Well-Come. With this dismissal, the court was satisfied that it had subject matter jurisdiction over Well-Come's appeal. To the extent that Well-Come claimed that it was in fact an additional insured under a Flintlock policy issued by ASRRG, Well-Come has failed to support this claim as alleged in the complaint. The district court should have disposed of Well-Come's claim with a statement that Well-Come failed to establish that ASRRG and ASIS issued a commercial general liability policy and excess/umbrella liability policy to Flintlock, as alleged in paragraphs 6 and 7 of its complaint. Accordingly, the court affirmed the district court's judgment on that ground. View "Flintlock Construction Serv., et al v. American Safety Risk Retention, et al" on Justia Law
Ins. Co. of the West v. Island Dream Homes, Inc.
IWC appealed the district court's judgment as a matter of law in favor of IDH. Hawaiian, a Florida condominium, contracted with IDH for roof repair. While IDH was conducting the repairs, a large stone veneer wall fell, causing damage to the condominium. Hawaiian's insurer, ICW, sued IDH for negligence. IDH alleged that the wall fell because it was structurally unsound. During trial, at the close of ICW's case, the district court granted IDH's motion for judgment as a matter of law, holding that no reasonable jury could find that IDH was negligent because ICW failed to present any evidence on the standard of care in the roofing industry. Without reaching the issue of whether roofers were "professionals" under Florida law, the court held that ICW was required to put forth some evidence of the standard of care in the roofing industry in order to meet its burden. Because ICW failed to do so, judgment as a matter of law was appropriate. Further, the specificity requirement in Rule 50(a)(2) did not bar the granting of judgment as a matter of law. Accordingly, the court affirmed the judgment. View "Ins. Co. of the West v. Island Dream Homes, Inc." on Justia Law