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Supreme Court decides Maronda Homes v. Lakeview Reserve

The Supreme Court issued its opinion in the Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowners Association, Inc., case earlier today. I previously blogged about the case and its ramifications on Florida’s common law implied warranties here. Subsequent to oral argument in that case the legislature enacted Section 553.835, Florida Statutes, which abrogated all common law implied warranties for “off site improvements” as noted here and here. The opinion recounts at length the procedural and factual history of the underlying case as well as the status of the law regarding common law implied warranties. It is the Supreme Court’s most comprehensive recitation of this area of the law since Gable v. Silver in 1972 and Conklin v. Hurley in 1983.  The original question dealt with whether the underlying 5th District Court of Appeal’s decision was correct, or if a prior 4th District Court of Appeal decision in Port Sewall v. First...

Public-Private Partnership Law Creates New Procurement Method

HB 85, passed by the Florida Legislature is expected to be signed into law by the Governor. HB 85 creates a new Florida Statute, Section 287.05712, Public-Private Partnerships. Upon becoming law, Section 287.05712 will usher in a new procurement method in the State of Florida. Namely, the "unsolicited proposal"....

A Condominium Association’s Guide to Construction Defects Claim Documentation

During the early stages of investigating and asserting a claim for construction or design defects, condominium associations and individual unit owners are often asked by their attorneys to produce documents relevant to their potential claims. The following is an illustrative, and by no means exhaustive, listing of the types of documents condominium associations or unit owners should have on hand to assist their attorney in initiating a construction or design defects claim:   All recorded Governing Documents, Declarations of Condominium, Master Covenants and the like, including any Amendments to same; Developer’s Prospectus or Offering Circular; Developer’s sales and promotional materials describing the property; All documents evidencing the date of Turnover from a Developer-controlled Board to an elected Board of Directors controlled by a majority of unit owners. For example, this could include: ·        Meeting minutes containing the...

Court Finds Late Bid Was Not Late

By: Mark J. Stempler

The case:  INSIGHT SYSTEMS CORP., and CENTERSCOPE TECHNOLOGIES, INC. v. THE UNITED STATES

The court: The United States Court of Federal Claims

 

A computer glitch forced disqualified proposers to challenge a U.S. government agency.  Here is an abridged version of what happened.  The United States Agency for International Development (USAID) advertised a Request for Quotations (RFQ).  Eventually during the process, proposers were allowed to submit their revised final quotes either in hard copy form, or electronically via email.  If the proposer submitted the quote electronically, it was its proposer’s responsibility to send in the appropriate information, and to do so timely to the people designated to receive it. 

 

The two Plaintiffs in this case submitted quotations in response, and did so electronically and in their opinion, before the deadline.  The way the system was set up, emails from outside sources directed to the specified USAID email addresses pass from the outside mail server through a sequence of three (3) agency-controlled computer servers, before they are ultimately delivered to the recipients.  To make a long story short, the emails were received by the first USAID server, but due to technical error, were not passed on to the ultimate recipients until after the submittal deadline.  USAID notified the proposers that their proposals would not be considered because they were received after the deadline.  Arguing that late is late, the USAID felt that it did not matter whether the perceived lateness was due to technological malfunctions with its own computer system.