Reported Cases:

 

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, Inc.

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, P.A.

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, Inc.

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 & Roberts, P.A.

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