CSK Defense Team
Miami Partners Yazen Alami and David Salazar
Miami Associate Simon Morales
Case Summary
This case arises from alleged construction defects at a high-rise condominium in Fort Lauderdale, FL. The Plaintiff sued the Defendant general contractor and multiple subcontractors, asserting negligence, statutory warranty, and Florida Building Code violations.
Both sides moved for partial summary judgment on standing, defenses, and damages. After argument, the court issued an omnibus order resolving the motions before trial.
Defense Strategy
The CSK Defense Team focused on the limits of “direction and control” under Florida law, emphasizing that general oversight does not constitute operational control. The Plaintiff argued that Florida’s building permit statutes imposed a non-delegable duty on the Defendant, creating automatic liability for subcontractor work.
The defense countered that vicarious liability applies only in narrow circumstances and that general supervision does not create an agency relationship. Because subcontractors are presumptively independent, the Defendant argued that the Plaintiff must prove actual control—an issue not suited for summary judgment.
The court agreed and denied the Plaintiff’s motion.
Outcome
The court rejected the Plaintiff’s attempt to impose a non-delegable duty as a matter of law, holding that control over subcontractor work is a factual issue for the jury. While certain defenses were eliminated, the ruling preserves the Defendant’s ability to challenge key liability theories.
The decision reinforces that general contractors are not insurers of subcontractor work absent proof of operational control and highlights the value of early motion practice in narrowing claims and damages.
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