As a member of the Professional Liability Department, Taylor represents and defends contractors, subcontractors, material suppliers, developers and design professionals when claims are made against them. He routinely counsels clients in construction disputes, handling pre-suit investigations, multi-party claims, code violations, negligence and breach of contract claims. In addition to his construction defect defense practice, Taylor is experienced in representing automotive dealerships throughout Florida in general liability matters and business disputes.
After graduating from Jacksonville University, cum laude, with a bachelor's degree in Sports Administration, he earned his juris doctor from Florida Coastal School of Law, graduating magna cum laude. During law school, Taylor earned the CALI Book Award for the highest grade in Professional Responsibility, Professional Sports Law, Pretrial Litigation Drafting, Family Law, and Environmental and Toxic Torts.
Outside of the office, you will find Taylor on one of the many golf courses in and around Jacksonville or cheering on the Jaguars, Jumbo Shrimp and Oklahoma Sooners.
Results
Thought Leadership
Legal Updates for Construction Litigation
Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation
April 14, 2023
Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. The statute of limitations time period for claims based on the design, planning or construction of an improvement to real property remains at four years, but when that period commences has changed. Now, the time period begins to run from the earliest date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date construction was abandoned if not completed. These “triggering events” dramatically clarify when the time period begins to run. For latent defects, the time period remains unchanged and begins to run from the time the defect is discovered or should have been discovered. Other changes under the new law: The statute of repose was shortened from 10 years to 7 years, with the date running from the earliest of the above triggering events. The new statute keeps the one-year extension for bringing counterclaims, cross-claims and third-party claims. Also unchanged is when this time period begins to run, which is the date the pleading to which such claims is served. Warranty work or correction/repairs of completed work do not extend the time period within which an action must be commenced, provided that a building permit was issued for the work and the authority having jurisdiction issued a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion. If a single family home is built and used as a model home, the time period for bringing an action begins to run from the date that a deed is recorded transferring title to another party. The new statute also provides much needed clarification as to how to analyze multi-building or multi-family construction projects. Now, each building of a multi-building project must be considered its own improvement. Florida Statutes section 553.84, which provides a statutory civil action for building code violations, was amended to require that the building code violations be material. The statute defines a “material violation” of the building code as “a building code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.” The amendments to the statute of limitations and statute of repose apply to any action commenced on or after the effective date of the law, regardless of when the cause of action accrued. However, any action that would not have been barred before the amendment may be brought until July 1, 2024. Legal Update for Construction Litigation – April 14, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.
Legal Updates for Construction Litigation
Proposed Changes to Florida’s Statutes of Limitations and Repose Would Greatly Impact Construction Defect Litigation
January 11, 2022
A new bill has been proposed in the Florida Legislature that would amend the statutes of limitations and repose greatly impacting construction defect litigation. The original bill proposed to rewrite Fla. Stat. 95.11(3)(c) by completely eliminating the ten-year statute of repose for latent defects, instead requiring all actions founded on the design, planning, or construction of an improvement to real property to be filed within four years. The proposed four-year time period would begin from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. After introduction of the bill, the Committee on Community Affairs proposed a complete overhaul of 95.11, as it relates to construction defect litigation. The Committee proposes a new subsection be added to Fla. Stat. 95.11, subsection 12, titled “ACTIONS RELATING TO AN IMPROVEMENT TO REAL PROPERTY.” This new section lays out 4 categories of improvements: Category 1 improvements cover detached single-family home, including pre-manufactured homes, or standalone building structures intended for use by a single business, occupant or owner, not exceeding three stories in height and related improvements to such homes, buildings or structures. Category 2 improvements include single-family dwelling units not exceeding three stories in height which are constructed in a series or group of attached units or a commercial or nonresidential building not exceeding three stories in height and related improvements to such dwellings, buildings or structures. Category 3 improvements include commercial or residential buildings or structures of four or more stories in height and related improvements to such buildings or structures. Category 4 improvements is a catchall for any improvement that does not fall under Categories 1-3. Further, the proposal amends the statute of limitations to read: “An action founded on the design, planning, or construction of an improvement to real property may be commenced within 4 years after the time to commence an action begins to run.” The repose period would be shortened to five years after the time for commencing an action begins to run for category 1 improvements; seven years for category 2 improvements; 12 years for category 3 improvements, and 10 years for category 4 improvements. The time to commence such an action would begin to run from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is earliest. The proposed amendment contains a limited one-year extension of time for counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading that the current statute contains. It also maintains that warranty work or correction or repair of defects to completed does not extend the period of time within which an action must be commenced. If signed into law, these amendments would apply to any action commenced on or after July 1, 2022, regardless of when the cause of action accrued. However, any action that would not have been time barred before the amendments may be commenced before July 1, 2023. Any action not commenced by July 1, 2023, that is barred by the amendments is barred. Legal Update for Construction Litigation – January 11, 2022, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.
