[CLC-Discussion] SB 286 - Limitations on Individual Design Professional Liability

[Bruce Partington]

I neglected to mention that it was Ryan Hatler of our firm who first
spotted this issue, so he gets the credit.

 

 

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

 

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Bruce
Partington
Sent: Friday, April 26, 2013 12:14 PM
To: Roberts, Hardy L.; Construction Law Discussion
Subject: Re: [CLC-Discussion] SB 286 - Limitations on Individual
DesignProfessional Liability

 

Since we've all been thoroughly studying this for the last 25 hours (and
busily forwarding it to all our design professional clients and those
who contract with them), it seems to me that there is a conflict or
ambiguity within the bill (or at least one).

 

On the one hand, it seeks to limit the individual responsibility of
licensees who are acting as the agent or employee of a "business entity"
-- but then includes within the definition of "business entity" both
traditional liability limiting entities, but also "partnership, limited
partnership, proprietorship, . . . .[and] self-employed individual."  It
seems to me that the statute can't do much good in those instances due
to the inherent liability under those other forms.  In other words, a
sole proprietor who would be personally liable for ALL debts and
obligations of the proprietorship would seem still to be liable since a
proprietor does not employ himself or herself, and cannot be his/her own
"agent."

 

Or, would the statute be construed to essentially eliminate claims for
"solely economic" damages against design professionals?  It's not
written that way, but that would seem the only alternative construction
that would give some meaning or value to partnerships, sole
proprietorships, and "self employed individual."  But, given that this
elimination of economic damages claims would have to be inferred run
afoul of the access to courts provision of the Florida Constitution
(despite the staff analysis).  

 

I'd welcome the thoughts of others on this and any other issues on the
bill.

 

 

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

 

NOTICE: This e-mail message and any attachments are private
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Please notify the sender immediately by replying to this message, and
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From: clc-discussion-bounces at lists.flabarrpptl.org [
mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Roberts, Hardy L.
Sent: Thursday, April 25, 2013 11:03 AM
To: 'Construction Law Discussion'
Subject: [CLC-Discussion] SB 286 - Limitations on Individual
DesignProfessional Liability

 

CLC'ers,

For your information, I understand Governor Scott signed the attached
bill into law yesterday.

Hardy

 

 
Hardy L. Roberts
Attorney at Law / Board Certified in Construction Law by the Florida Bar
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780 
Direct:  813.229.4105 | Fax:  813.229.4133

hroberts at carltonfields.com | www.carltonfields.com
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