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

Mon Apr 29 12:25:13 PDT 2013

Another litigation point might be the constitutional infirmities.

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Monday, April 29, 2013 3:12 PM
To: Construction Law Committee (clc-discussion at lists.flabarrpptl.org)
Subject: Re: [CLC-Discussion] SB 286 - Limitations on Individual Design Professional Liability

Bruce,

Another example of legislative sausage.  We have to look at the silver lining so long as they are not going to listen to us, being the opportunity to litigate what the statute means.  I know that this is an opportunity that we would have preferred to not have, but ...

So who is filing the bill next year to eliminate economic damages against individual lawyers and doctors?

Regards,

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985     e-mail:  leiby at mkpalaw.com<mailto:leiby at mkpalaw.com>

Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator

Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto: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 1:14 PM
To: Roberts, Hardy L.; Construction Law Discussion
Subject: Re: [CLC-Discussion] SB 286 - Limitations on Individual Design Professional 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

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto: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

[Carlton Fields]
Hardy L. Roberts
Attorney at Law / Board Certified in Construction Law by the Florida Bar
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