Applicability of Florida’s Building Code Is a Question of Law
November 21, 2025 —
David Adelstein - Florida Construction Legal UpdatesThe application of Florida’s Building Code is a question of law for the court. It’s NOT a question for a witness to determine.
In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a key issue included the application of
Florida’s Building Code on a Florida Department of Transportation (FDOT) project. Summary judgment was granted for the defendants where a major portion of the ruling was based on the inapplicability of Florida’s Building Code to the public sidewalk. Even though the plaintiff had an expert witness that opined that the Florida Building Code did apply, the trial court rejected this opinion in determining the Code did not apply:
Whether the Florida Building Code is applicable to this case ultimately is a question of law belonging to the court, not the witness. See Lindsey v. Bill Arflin Bonding Ag., Inc., 645 So. 2d 565, 568 (Fla. 1st DCA 1994) (“The legal effect of a building code presents a question of law for the court, not a question of fact for the jury.”); see also Edward J. Seibert, A.I.A. Architect & Planner, P.A. v. Bayport Beach & Tennis Club Ass’n, Inc., 573 So. 2d 889, 891-92 (Fla. 2d DCA 1990) (“An expert should not be allowed to testify concerning questions of law and the interpretation of the building code presented a question of law. It was the duty of the trial court to interpret the meaning of the code . . . .” (citations omitted)). As such, it was the responsibility of the trial court to determine whether the building code applies to the sidewalk in this case and whether the code provided evidence of negligence. See Martin v. Omni Hotels Mgmt. Corp., No. 6:15-cv-1364-ORL-41KRS, 2017 WL 2928154, at *4 (M.D. Fla. April 19, 2017) (“Accordingly, [the expert] may not testify as to the applicability or inapplicability of any provision of the Florida Building Code. This Court will determine what provisions, if any, are applicable to the facts of this case.”).
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Construction Seyt Named a Top Construction Blog by FeedSpot
March 31, 2026 —
Seyfarth Shaw LLP - The Construction SeytSince 2019, we have strived to bring our readers practical, useful insights on recent trends shaping our industry. Whether you are a contractor, designer, developer, attorney, or industry professional, our goal is to equip you with the knowledge to navigate your business with that much more confidence. We are honored that “The Construction Seyt” has been named by FeedSpot as a “Best Construction Blog” to follow for 2026.
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Seyfarth Shaw LLP
Exclusion Bars Coverage For Cosmetic Hail Damage to Roof
January 13, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025).
On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked.
The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”
March 10, 2026 —
Curt Martin & Lee Banta - ConsensusDocs“We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on the stability of materials below the surface.
The study of geology and soils has ancient roots. Egyptians relied on soil stability for the pyramids; Rome built a continent-wide roadway system utilizing subgrade preparation techniques; Medieval builders implemented a rudimentary foundation pier system; Henri Gautier studied what is now called the “angle of repose” for French retaining walls in the early 18th Century.
Through the 19th Century, contractors bore the risk of the stability of their work, and the attendant peril of unforeseen site conditions. But in the early 20th Century, design trades continued to develop increased understanding of soil and underground conditions. In the 1920’s US federal contracts began employing “differing site conditions” clauses, which provided for cost/time adjustments if subsurface conditions differed from expectations. Industry forms followed the federal policy, and these clauses became almost universally accepted.
Reprinted courtesy of
Curt Martin, Peckar & Abramson, P.C. and
Lee Banta, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com
Mr. Banta may be contacted at lbanta@pecklaw.com
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The Single Source of Truth in Construction Projects: Reality or Myth?
March 24, 2026 —
Aarni Heiskanen - AEC BusinessThe idea of a single source of truth has been a fundamental part of the digital vision in the AEC industry for many years. From centralized CAD storage to BIM collaboration platforms and, more recently, Common Data Environments, the goal stays the same. Project teams want a reliable place where everyone can access the latest information.
The phrase “single source of truth” comes from database and information management practices in the IT world, where the goal was to maintain one authoritative record of data and eliminate data redundancy. As the AEC industry began adopting digital tools, the same idea was applied to project information and workflows.
Despite decades of technological progress, the question remains whether “one ring that rules them all” can actually be implemented in real construction projects.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Recognize: A Construction Safety Week Technical Bulletin
February 23, 2026 —
Construction Safety Week - Construction ExecutiveConstruction Safety Week has long been a powerful show of force, a catalyst for bringing the industry together and putting a spotlight on the critical importance of safety. It represents a shared commitment across an expansive and impactful Industry. The construction industry is a major employer and significant contributor to the U.S. economy, creating nearly
$2.1 trillion worth of structures each year—and with that scale comes immense responsibility— and opportunity.
Over the last decade, we’ve made meaningful strides: advancing best practices, transitioning from hard hats to helmets, shedding light on vital issues that affect safety, like mental health, fostering a culture of care and accountability, and creating partnerships and initiatives for improving jobsite safety.
Reprinted courtesy of
Construction Safety Week, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron
February 02, 2026 —
Olivia Barden - Colorado Construction Litigation BlogIn AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702.
Background
In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements.
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Higgins, Hopkins, McLain & Roswell, LLC
Don’t Assert as a Counterclaim to a Lien Foreclosure Lawsuit an Order to Show Cause Claim
October 27, 2025 —
David Adelstein - Florida Construction Legal UpdatesIf there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:
- You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the lien to the security of a lien transfer bond, but that just means the lienor would need to foreclose against the bond instead of the real property. In other words, the lien is collateralized by the lien transfer bond and not the real property so it does not resolve the lien.
- You record a Notice of Contest of Lien to shorten the lienor’s statute of limitations to foreclose on the construction lien to 60 days. (See here.) If the lienor does not timely foreclose, then the lien is of no effect as a matter of law. However, this does force the issue, meaning the lienor may file a lien foreclosure lawsuit sooner than later. (But, if they file the lawsuit sooner, then the lienor was always going to file the lawsuit later.)
- You can file a lawsuit for an Order to Show Cause under Fla. Stat. s. 713.21(4) and force the lienor to file a lien foreclosure counterclaim within 20 days from service of the show cause summons. (See here.) The only time you’d really do this is if you want to initiate a lawsuit that you’d probably initiate no matter what. Otherwise, the Notice of Contest of Lien is more cost effective and
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