Kirwin Norris, P.A.

We understand the needs and nuances of the construction process, the complexities of construction law, and the importance of managing and resolving issues in a timely manner to keep your project progressing on time and on budget. Should you be facing litigation, we have an enviable track record of success in state and federal courts. We have in-depth, up-to-the-moment knowledge, along with the valuable industry relationships, that can give you an advantage both on the project site and in the courtroom. Kirwin Norris’ team of dedicated attorneys is located in our Orlando and Fort Lauderdale offices.

Latest from Kirwin Norris, P.A.

Can an uncommon design or mode of construction that creates an “optical illusion” on property create an issue of fact for a premise liability claim?  According to the Third District Court of Appeal in Echevarria v. Lennar Homes, LLC, 45 Fla. L. Weekly D1567a (Fla. 3d DCA 2020), the answer is yes. When it comes to a premise liability claim: “‘A property owner owes two duties to its business invitees: 1) to warn of concealed…
Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.”  Fla. R. Civ. P. 1.221.   This includes, but is not limited to, the common property or the areas in which the association is responsible.   But, what about matters or elements for which the association is not responsible or does not own?  For example, issues or damages relative to a specific…
Many construction projects are getting larger and more complex. This is especially true for public-works projects. Joint ventures allow one or more contractors to make a combined effort to obtain and complete projects. There can be many benefits to forming a joint venture to bid on a project. A joint venture can allow one or more contractors to spread the financial risk of a project. Joint ventures can also allow two contractors with different specialties…
Unlike a deductible, a self-insured retention (referred to an “SIR”) is, as the name suggests, a self-insured obligation of the insured before its insurer picks up coverage.  The SIR needs to be exhausted by the insured (as the primary self-insurance component) before the carrier’s excess defense and indemnification obligations kick-in under the terms of the policy.  However, an insured can generally exhaust an SIR by paying legal fees and costs associated with a claim. Oftentimes,…
In an insurance coverage dispute, it is common for the insured or the insurer to file a lawsuit that includes a claim for declaratory relief — asking the court to render a ruling as to the coverage issue.  This claim is proper if an insurer denied coverage or a part of coverage relating to an exclusion or endorsement in the policy, or even if there is the argument that the loss or occurrence did not…
In certain jurisdictions, the number of people testing positive for COVID-19 is on the rise.  As this occurs, there is the possibility that a construction project will have to deal with one or more workers testing positive.  That is the current reality.   If the dialogue has not occurred before, now is the time to discuss any enhanced measures—above OSHA guidelines—that could be implemented to address this reality and mitigate the risk.  Part of the reality,…
Construction lien priority is no joke!   This is why a lienor wants to record its construction lien within an effective notice of commencement.  A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of commencement was recorded.  A lienor that records a lien wants to ensure its lien is superior, and not inferior, to other encumbrances.  An inferior lien or encumbrance may…
There are cases where you feel for the plaintiff, but understand why they did not prevail, despite the creative efforts of their counsel.  The case of Robinson v. Liberty Mutual Ins. Co., 958 F.3d 1137 (11th Cir. 2020) is one of these cases. In Robinson, the plaintiff moved into a home that turned out to be infested with a highly venomous spider.  Efforts to eradicate the spider proved unsuccessful and the spider apparently infested the…
Sometimes, hedging a position on a potential occurrence is not prudent.  Stated differently, hedging a position on a contingent event is not the right course of action.  The reason being is that a potential occurrence or contingent event is SPECULATIVE.   The occurrence or event may not take place and, even if it does take place, the impact is unknown. An example of hedging a defense on such a potential occurrence or contingent event can…
Paying the lowest premium for property insurance is oftentimes not a great thing because, as with everything else, “you get what you pay for.”   If you are paying a lower premium, it is for a reason.  You likely have a restrictive policy that excludes more coverage (and, perhaps, all coverage) than you’d actually like in the event your property sustains a loss.   Think about the coverage you are looking for before deciding to get the…