Thursday, January 22, 2009
Florida Statute 553 vs. The Economic Loss Rule
Florida Statute 553.84 created a civil cause of action against a person who commits a building code violation. The Supreme Court of Florida held in Comptech International, Inc. v. Milam Commerce Park, LTD that the economic loss rule does not bar a claim under 553.84. Typically, the economic loss rule prevents a Plaintiff from bringing a tort action when the loss arises out of a contract and there is no personal injury nor property damage. However, the Florida Supreme Court held that the economic loss rule does not apply to a statutory claim such as Florida Statute 553.84.
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2 comments:
So, what would you sue for? Specific Performance or compliance? What damages could you get if there are none?
F.S. 553 provides you with a statutory cause of action. For example, if an Architect fails to design a column per the Florida Building Code, you can file suit against him under this statute.
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