Benson Electric, Inc. v. Tom Quinn Co., Inc. 683 So. 2d 153 (Fla.
3d DCA 1996).
Representation of Electrical Contractor. The Third District Court
of Appeals granted certiorari in favor of Benson Electric, Inc.
with regard to a dispute over whether a mediated settlement agreement
should be enforced based on potentially ambiguous terms. Adam
C. Linkhorst, Esquire while employed by Leiby, Ferencik, Libanoff
and Brandt, P.A.
FCCI Insurance Co. v. Precision Roofing Corp. 935 S. 2d 509 (Fla.
3d DCA 2006).
Defense of Roofing Contractor. The Third District
Court of Appeals affirmed a ruling in favor of Linkhorst &
Hockin, P.A.’s client. FCCI Insurance had claimed that Precision
Roofing had breached a settlement agreement by failing to make
timely payments. Linkhorst & Hockin attorneys were able to
prove that the failure to make timely payments should be excused
based upon extenuating circumstances. Adam C. Linkhorst, Esquire
and John A. Hockin, Esquire of Linkhorst & Hockin, P.A. represented
Precision Roofing Corporation.
Gerhardt M. Witt v. La Gorce Country Club, Inc. consolidated with
La Gorce Country Club, Inc. v. ITT Industries, Inc., 34 Fla. L.
Weekly, D1161 (Fla. 3d DCA 2009).
Defense of Design-Builder of Reverse Osmosis Water
Treatment Plant. The Third District Court of Appeals affirmed
final judgment of zero liability which had been entered in favor
of Linkhorst & Hockin, P.A.’s client, multi-national
conglomerate, ITT Industries, Inc. In this case, Linkhorst &
Hockin successfully defended claims valued in excess of $10 million
for fraud and violation of Florida’s Deceptive and Unfair
Trade Practices Act (FDUPTA) brought by La Gorce Country Club,
a private club represented by a nationally renowned litigation
attorney. The companion appeal in this case established that the
limitation of liability clause in the contracts entered into between
the hydrogeologist and the country club was only effective to
shield the hydrogeologist’s professional corporation and
not the individual professional hydrogeologist. Adam C. Linkhorst,
Esquire of Linkhorst & Hockin, P.A. represented ITT Industries,
H.W. Gay Enterprises v. John Hall Electrical Contracting,
Inc., 792 So. 2d 580 (Fla. 4th DCA 2001).
Representation of Electrical Subcontractor. The Fourth District
Court of Appeals held under the Florida Arbitration Act, that
a written, but unsigned subcontract calling for arbitration of
disputes between the subcontractor and contractor was enforceable.
Attorney Adam C. Linkhorst, Esquire while employed by Leiby, Taylor,
Stearns, Linkhorst & Roberts, P.A.
Intercapital Funding Corporation v. Gisclair, 683 So. 2d 530 (Fla.
4th DCA 1996).
Defense of General Contractor. The Fourth District Court
of Appeals affirmed the dismissal of claims against a general
contractor because the plaintiff had improperly aggregated a multitude
of claims which had been purchased from one party. Adam C. Linkhorst,
Esquire while employed by Leiby, Ferencik, Libanoff and Brandt,
Sharp General Contractors, Inc. v. Mt. Hawley Insurance
Co., 604 F. Supp. 2d 1360 (So. Dist. Fla. 2009).
Representation of General Contractor against Insurance Company.
The United States District Court for the Southern District of
Florida held that because the contractor failed to adhere to conditions
of coverage in the policy, the Florida Claims Administration Statute
did not apply to the insurance company’s consideration of
the general contractor’s claim. While in this case, U.S.
District Court ruled in favor of the insurance carrier, Linkhorst
& Hockin successfully represented Sharp General Contractors
in obtaining a jury verdict in excess of $500,000, against its
own insurance agency for negligence and for breach of fiduciary
duty as a result of the agency’s failure to timely advise
the contractor of the coverage requirements. Adam C. Linkhorst,
Esquire, John A. Hockin, Esquire and Ryan V. Kadyszewski, Esquire
of Linkhorst & Hockin, P.A. represented Sharp General Contractors,
Williams Hatfield & Stoner v. Malcolm, 687 So.
2d 295 (Fla. 4th DCA 1997).
Defense of Engineer and Engineering Firm. The Fourth
District Court of Appeals held that the Engineer and his firm
were not liable for personal injury suffered by a subcontractor’s
employee under Florida’s Workmen’s Compensation Statute,
because the Engineering Firm did not specifically assume responsibility
for project safety. Adam C. Linkhorst, Esquire while employed
by Leiby, Ferencik, Libanoff & Brandt, P.A.
Zenith Insurance Company v. Commercial Forming Corporation,
850 So. 2d 568 (Fla. 2d DCA 2003).
Defense of Subcontractor against claims by Worker’s
Compensation Insurance Carrier. The Second District Court of Appeals
held that venue for the claim against the form contractor was
proper as claimed by the insurance carrier. Adam C. Linkhorst,
Esquire while employed by Leiby, Taylor Stearns, Linkhorst &