[CLC-Discussion] Discussion item

Tue Aug 20 08:58:13 PDT 2013

You could have a case where D installed the work in accordance with the
plans and specifications, but the design was not in accordance with the
code.  D may be liable to P, but would then have a common law indemnity
claim against the A/E for the improper design.  

Stuart H Sakwa 
Attorney at Law
ARNSTEIN & LEHR LLP 

www.arnstein.com <http://www.arnstein.com> 

515 North Flagler Drive 

Sixth Floor 

West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598 

Fax: 561.802.3082
shsakwa at arnstein.com <mailto:shsakwa at arnstein.com>   

  <http://legalnews.arnstein.com/>      <http://legalnews.arnstein.com/>

Serving Clients for 120 Years 
Offices in Illinois, Florida, and Wisconsin 

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Timothy Moorhead
Sent: Tuesday, August 20, 2013 11:00 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Discussion item

Good Morning CLC, 

 I am looking for the collective wisdom of the group.  If you have time,
send me your thoughts.

Scenario:

P sues D for breach of the building code under the statute, 553.84,
claiming that D breached the code and that D knew or should have known
of the breach. D files third party claim against 3RD for common law
indemnity.

Can the common law indemnity action stand?

Since the statute requires the Plaintff to Sue the person or entity who
committed the violation, my thought is that Plaintiff's proof of the
action against Defendant necessarily disproves Defendant's action
against 3rd party defendant as Defendant is proven to have fault. (See
the Mendez Garcia case for similar result, no common law indemnity for
negligence.)

Am I missing something?

Timothy R. Moorhead, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Avenue

Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

Board Certified in Construction Law

tmoorhead at wfmblaw.com

www.wfmblaw.com

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