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If you've been a regular reader of this blog for a while, your probably already familiar with the 2010 effort to create new laws capping or limiting design professional (engineers and architects) liability for damages resulting from their negligence in connection with a project.  We addressed this issue in: Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law.

We were happy to notify you that Governor Crist vetoed the bill after favorable vote from the legislature.   That information can be found in: Design Professional Liability and Property Insurance Bills Vetoed by Governor Crist.

Proponents of the bill haven't given up.  Firm shareholder and Board Certified Construction Lawyer Lee Weintraub posted information on the Florida Construction Law Authority blog a few days ago, specifically regarding the New Proposed Legislation [that] Would Immunize Design Professionals From Tort Liability.

In short, Senate Bill 288  provides that anyone who hires architects or engineers cannot sue them for negligence arising out of their defective design or other work.  Those opposed to the bill say this law would discourage engineers and architects from carrying insurance and eliminate most of the consequences of sloppy or careless design specifications - all of which increase costs to building owners, contractors, residents and tenants.

Do you agree?  If not, please tell your local senator or representative.

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A number of bills CALL tracked this session were sent to Governor Crist recently.  He has until June 1, 2010 to act (veto or sign) on the following bills:

• SB 1196, Relating to Community Associations
• HB 663, Relating to Building Safety
• HB 713, Relating to Department of Business and Professional Regulation
• HB 1035, Relating to Elevator Safety
• HB 1411, Relating to Timeshare Foreclosures

We've included bullet point summaries of SB 1196 on this blog, but refer you to the actual text of the bill for more complete information.  Community Update will outline the impact of important bills on community associations - Becker & Poliakoff''s association clients will receive the electronic version shortly.

The Governor's office is in the process of reviewing SB 1964.  We've included concerns about this bill before in Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law.  In 1999, the Florida Supreme Court codified a long standing principle that design professionals should be held accountable for economic loss damages that they cause just like other professionals in Florida. Board certified construction law attorney Steve Lesser said the following:

[Design professionals] have an obligation to design to meet code and protect the health, life & safety concerns of consumers.  An error in design judgment can be devastating to a unit owner and homeowners that cause damages and in fact- economic damages.  An elevator that fails to operate at the appropriate speeds and breaks down results in loss of use which is an economic loss.  Imagine how this could impact elderly unit owners.  A parking garage that is not properly shored up based on engineering calculations can result in economic loss.  These consumers are largely lay persons that often sign agreements (presented by the professional) that contain limitation of liability clauses. 
 

Please contact the Governor's office to express your support or opposition to 2010 legislation.  Make your voices heard in Tallahassee. 

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Although there are many positive developments for Associations in this legislative session, noted below, there is at least one piece of legislation that will adversely impact associations, and all consumers.

Architects, engineers, surveyors and other design professionals may be anxiously awaiting  Senate Bill 1964 and House Bill 701  to pass.

If these provisions become law it will limit liability for design professionals, as of July 1, by:

• cutting off liability, in tort, of design professionals that fail to properly carry out their professional duties.

• overruling Florida Supreme court cases and Appellate decisions from all over the state which protected consumers and the general public with necessary redress in tort for economic damages cause by design professionals.

• permitting design professionals to escape liability for their own negligent conduct, if insurance exists, and

• elevating design professionals above other professionals, such as lawyers, doctors, and accountants, who cannot limit their liability by contract.

Associations are constantly fixing their roofs, roads, performing balcony concrete restoration, seawalls, fire alarm electrical engineering renovation, elevator modernization and structural repairs. All of these renovations are designed by engineers, architects etc, and are required to meet building codes including life safety codes. Associations hire design professionals to issue drawings and specifications to accomplish these goals.   Design professionals are also retained to monitor construction activities and approve applications for payment on these projects. Shouldn't they bear responsibility for damages that result from mistakes, omissions, lack of attention to detail or otherwise?

An error in design judgment can be devastating to unit owners and homeowners. Improperly designed elevator repairs, concrete repairs, shoring of buildings, electrical renovations, fire protection system renovations or repairs all could result in economic loss to Associations and ultimately unit owners and homeowners.

Should design professionals be allowed to practice without accountability for their negligent acts at the expense of Florida’s consumers? It is simply unfair.

Florida’s consumers should call their representatives immediately to prevent these bills from becoming law.

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