Florida General Contractor Non Delegable Duty

Based on this, each court concluded that the general contractor's in their respective cases had a non-delegable duty to ensure construction in compliance with the Florida Building Code, and as such, could not apply apportionment of fault or a Fabre defense in response to the claims by the homeowners' associations. This "non-delegable" duty applies across all sectors in Florida; a lawyer cannot delegate responsibility for legal services, a physician cannot delegate responsibility for medical services, and an engineer cannot delegate responsibility for engineering services. However, an evolving body of law indicates that a general contractor may be precluded apportioning fault due to its non-delegable duty of supervision associated with its contract for work.

Early on, courts such as Second District Court of Appeal in Mills v. Krauss have found that a non-delegable duty may exist for a general contractor who undertakes construction work: [T]he duty of a general. Ultimately, the trial court concluded that the general contractor who pulled the permits for the construction has a non-delegable duty to supervise, direct, manage and control the work, including the work of its subcontractors, and that such non.

Have you heard the expression "nondelegable duty"? The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused by the defendant's independent contractor. [].

"The non-delegable duty doctrine represents a narrow exception to the rule that an 'employer' who retains an independent contractor is not liable for the negligent acts of that contractor.". The key item at issue was whether the duty that Southern Cleaning Service contracted over to Pam was non-delegable. The First District Court of Appeal recognized that a party that hires an independent contractor may be liable for that contractor's negligence if it involves a non delegable duty.

This remedy is unavailable-I argued-if for no reason other than that the record evidence demonstrates that the General Contractor was wholly absent from the job site, such that it could not have supervised the job site, which is directly in contravention of its statutory non. General contractors in Florida face growing legal hurdles in apportioning fault to subcontractors due to the nondelegable duty of supervision, with courts increasingly placing full liability on the contractor. A contractor will be liable for the conduct of its independent subcontractor in situations where a non.

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