CSK Maritime Litigation Group
Miami & Key West Partner Richard Rusak | Board Certified in Admiralty & Maritime Law
Miami & Key West Associate Alaire Bretz
Case Summary
A yacht insured for $1.8 million was destroyed by a fire while docked behind a Lee County residence. After paying the yacht owner's claim, the insurer filed a federal lawsuit against the dock builder and its electrical subcontractor, alleging that a circuit breaker installed during construction violated the Florida Building Code and caused the fire. The insurer asserted breach-of-contract and statutory building-code claims based on requirements contained in the 2017 National Electrical Code. The Defendants maintained that the earlier 2014 edition governed the project because it was in effect when the permit application was submitted.
Defense Strategy
The CSK Maritime Litigation Group represented the dock builder throughout the litigation, securing summary judgment at the district court level and subsequently defending that ruling before the U.S. Court of Appeals for the Eleventh Circuit.
The appeal centered on whether the 2014 or 2017 National Electrical Code governed the dock's construction. CSK's defense relied on Florida law establishing that the building code in effect when a permit application is submitted governs the permitted work for the life of that permit. Because the application was submitted on December 14, 2020, before the newer code took effect in Florida, the 2014 National Electrical Code applied. The insurer did not allege that the circuit breaker violated that edition.
The appellate court also rejected the insurer's argument that the construction contract required compliance with a later code that did not legally apply to the project.
Outcome
The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of the Defendants, leaving the dismissal of the insurer's claims intact. The court determined that the 2017 National Electrical Code could not serve as the basis for the insurer's breach-of-contract or statutory building-code claims.
The decision reinforces the importance of establishing which building code governs permitted construction work and highlights CSK's continued representation of maritime clients from the initial litigation through appellate review.
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