DEVELOPMENT PHASE

•   [Of Wet Computers and Dry Theory].  The Florida Supreme Court scales back the economic loss rule even further.
• [First in Time, First to Light].  First utility to provide service to the project had exclusive rights to the project because, even though other utility had prior rights, the other utility did not exercise those rights.
• [Grimes & Misdemeanors]  State can impose permit conditions even though failure to satisfy permit conditions is a crime.
• [Copyright I]  Idea for development not so novel as to support a claim for misappropriation of ideas.
• [Copyright II]  Idea for development possibly novel enough to support a claim for unfair trade practices.
• [Main?  What Main?] Developer's claim against the County for plans mis-labeled as as-built barred by sovereign immunity.
• [Musical Ordinances]  Developer not entitled to injunction against enforcement of amended municipal zoning laws.
• [Unduly Restrictive]  Assessment provisions in master declaration not a "restrictive covenant."
• [Enough Golf Already] County's comprehensive plan was an ordinance giving the County discretion to disapprove application for a golf course site approval.

• [Slavin Fall]  Record did not show whether defect was patent under the Slavin doctrine.
• [Economic Losses Forthwith] Supreme Court rules that economic loss rule does not apply to negligence claims against professional engineers.

• [Like A Good Neighbor, We Stay Away].  Contractors comprehensive general liability policy did not cover repair of defective workmanship.
• [Not Interested]  Contractor not entitled to pre-judgement interest from surety in suit for indemnification.
• [Pay when paid]  Subcontractor's Surety not entitled to payment until Contractor was paid.
• [I'll Have Tomato Juice]  Third party beneficiary could enforce indemnity provision in construction contract.
• [Limitation of Repose]  Condominium Act does not extend statute of repose.
• [Muck I]  Mutual mistake as to sub-surface conditions rendered construction contract voidable.
• [Muck II]  No right to jury trial on defenses to release.
• [Hard Workin' Blues]  Contract with an unlicensed contractor was unenforceable.
• [Sleeping Claims Die]  Claim against Construction Industries Recovery Fund was barred by a two year statute of limitations.
• [Buy Aluminum]  Developer was not liable for injuries of Contractor who fell off flagpole, because Developer did not exercise control, or have actual or constructive knowledge of dangerous condition causing injury.
• [Be Careful What You Ask For] Supplier stated a claim against Contractor for breach of oral contract based on pre-bid conversations.
• [Look Back in Anger]  Contractor had a duty to maintain the project site in reasonably safe condition, even though it had not performed work there for almost two years.

• [Get it in Writing].  Contractor cannot base a claim of lien on a contract implied in law.
• [Shades of Truth]  Claim of lien for delay damages was willfully exaggerated.
• [Lien on Me]  Common entity theory and notice of partial recommencement did not defeat supplier's lien.
• [Now He's Adversely Affected]  Failure to follow notice provisions did not destroy lien, because owner had not been adversely affected.
• [Demolition Man]  One month interval between completion of the work and accident was sufficient to give the Developer constructive notice of the dangerous condition.

• [In the Name of the Lawyer]  Tenant personally liable when corporation on lease did not exist.
• [This Old House]  Contractor must act without its agency with County to be liable; Inverse condemnation claim must be raised in complaint.