Source: https://www.spilmanlaw.com/, July 30, 2025
By: Stephanie U. Eaton

Are design professionals involved in your Florida project?  If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11, 2025, confirming that in Florida, remediation costs for defective design work do constitute direct damages, regardless of whether third-party contractors performed the remediation work.  See Orlando Health, Inc. v. HKS Architects, Inc., Case No. 6:24-cv-00693-JA-LHP (M.D. Fla., Jul. 11, 2025). This ruling occurred despite the use of the parties’ contract – the AIA B101 (2017) – that contained a waiver of consequential damages. Could this outcome affect your Florida project? To make that determination, we need to discuss what happened in Orlando Health. Read more.