Beyond the Storm: How Non-Hurricane Catastrophes Expose Florida’s Construction Defect Blind Spot
August 11, 2026 —
Franchesco “Frank” Soto & Amanda L. Gonzalez - Ball JanikOn June 8, 2026, a magnitude 6.1 earthquake struck the Gulf near the coast of Cuba, the largest instrumentally recorded earthquake in the Gulf since seismic monitoring began in 1950. Buildings swayed, offices were evacuated, and many residents along the east coast of Florida, from Miami-Dade to Jacksonville, felt the ground shake. Although no tsunami followed and reported structural damage was limited, this event exposed a blind spot that Florida property owners, developers, and their counsel cannot afford to ignore: catastrophic stress on Florida buildings does not always come in the form of a named storm.
Florida property owners have grown accustomed to preparing for wind, storm surge, floods, and torrential rain. Far less attention is paid to earthquakes, sinkholes, tornadoes, hail, and non-tropical flooding, each of which can place unexpected stress on buildings not designed with those forces top of mind and can trigger deficiencies in buildings that were not otherwise known, expose design failures, and create an urgency for both insurance claims and subsequent litigation.
Non-Hurricane Triggers of Latent Defects
Seismic activity is the clearest example. Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal. Sinkholes, driven by Florida’s karst limestone geology, remain a persistent threat, particularly in Central Florida, where subsurface voids can undermine foundations without warning. Non-tropical flooding, like the record rainfall that flooded South Florida in June 2024, can intrude through building envelopes and waterproofing systems that were never stress-tested for such volumes of water. Tornadoes and hail, while more localized, can cause roofing and envelope failures that mimic, mask, or trigger latent construction defects.
The Litigation and Coverage Disputes That Follow
When one of these events strikes a building already carrying undisclosed or unresolved construction defects, the resulting disputes become considerably more complex. Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction, the same causation issue that arises in the hurricane context under Chapter 558, but often without the benefit of established precedent or adjuster experience with these less common events.
Insurance coverage disputes frequently follow close behind. Carriers may dispute whether an earthquake, flood, or other peril is covered at all, particularly where policies contain earthquake or flood exclusions requiring separate endorsements, or anti-concurrent causation language that can bar coverage entirely when a covered peril combines with an uncovered one, such as pre-existing defective construction, to cause a loss. Sinkhole claims carry their own statutory framework under Florida law, requiring specific testing protocols and reporting before a claim is compensable. Developers and contractors, in turn, may find themselves defending Chapter 558 claims while simultaneously litigating with their own carriers over defense and indemnity obligations.
Practical Risk Mitigation Strategies
Property owners, associations, and developers can take several concrete steps to reduce their exposure. First, maintain thorough documentation, including engineering reports, maintenance logs, and photographs, well before any event occurs. This documentation is often the deciding factor in causation disputes. Second, engage structural engineers and consultants immediately following any seismic event, unusual flooding, or storm damage, regardless of whether a hurricane is involved. Prompt inspection preserves evidence and can help prevent inadvertent waiver of construction defect claims. Third, review insurance policies regularly with counsel or a broker to confirm earthquake, flood, and sinkhole coverage matches the property’s actual risk profile, rather than assuming a standard property policy responds to every peril. Fourth, avoid rushing to remediate before conditions are documented and/or before consulting counsel. Well-intentioned repairs can inadvertently compromise evidence needed to prove a defect claim.
The June earthquake was a reminder that Florida’s catastrophic risk profile extends beyond hurricane season. Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs.
Franchesco “Frank” Soto is a partner in
Ball Janik’s Construction Defect Practice Group in Miami. He may be reached at fsoto@balljanik.com.
Amanda L. Gonzalez is a litigation attorney in
Ball Janik’s Construction Defect Practice Group in Miami. She may be reached at agonzalez@balljanik.com.
Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI
October 12, 2026 —
Richard R. Volack - Peckar & Abramson, PCRichard R. Volack, Partner in P&A’s New York office and Chair of the firm’s Cyber Security & Data Privacy practice, was recently quoted in “Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI,” an article written by
Construction Dive. The article examines how contractors’ increasing reliance on interconnected technologies and AI can make cyberattacks more sophisticated. It discusses the heightened risks for government contractors and smaller subcontractors, including the potential exposure of sensitive project information, personal data, and financial records. It also explores practical measures contractors can take to mitigate these risks, such as strengthening contractual protections, conducting penetration testing, obtaining appropriate cyber insurance, implementing multifactor authentication, and providing employees with regular cybersecurity training.
Read the full story...Reprinted courtesy of
Richard R. Volack, Peckar & Abramson, PCMr. Volack may be contacted at
rvolack@pecklaw.com
Predict Risk, Not Incidents: A New Analytics Framework for Your Construction Safety Data
August 03, 2026 —
Tabrez Zahoor - Construction ExecutiveBehind every “zero-incidents” company report, hidden hazards may already be accumulating—
risks that could become serious injuries tomorrow. The question every executive should be asking is not, “Did anything go wrong last month?” It is: “Where is risk building on my projects right now?”
Most construction organizations cannot answer that question. Not because the data does not exist—it does. Every active project generates daily inspection findings, labor records, near-miss reports and audit results. The problem is that standard safety systems collect this data and then report it in ways that make it operationally useless for prevention. They describe the past. They predict nothing.
The predictive safety analytics framework (PSAF) is a practical, deployable system developed from years of applying data science to large-scale construction portfolio operations that takes the safety data construction organizations already collect and transforms it into a forward-looking risk signal. The result? A single weekly score that tells executives where risk is concentrating across their portfolio before anyone gets hurt.
Reprinted courtesy of
Tabrez Zahoor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Key Person Provisions in Construction Contracts: Because People, Not Companies, Build Projects
October 27, 2026 —
Nate Simon - Construction ExecutiveIn construction, the person running your job matters: the project manager who sat in your preconstruction meetings, who understands the phasing, who knows why the MEP coordination sequence was set up the way it was, who has relationships with your team and the owner’s team. That person is not interchangeable. And if they disappear six weeks into the job and get replaced by someone who’s never read the drawings, you have a problem.
This happens all the time. A contractor or consultant sells the A-team—the experienced project manager; the sharp superintendent; the people who won the job—during the proposal and interview. Then, once the contract is signed, those people quietly get moved to a larger project, not out of anything nefarious, but usually out of a necessity. A fire happens on another project and they are needed to put it out. By the time you realize those working on your project aren’t the ones you originally signed on, you’re three months in and the damage is already underway.
Reprinted courtesy of
Nate Simon, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Mr. Simon may be contacted at
nate@simonlawky.com
Key Ways Construction Companies Can Stay in Compliance with E-Verify
October 26, 2026 —
Stephen E. Irving - ConsensusDocsThe federal E-Verify program has become an increasingly central feature of employment verification in the construction industry. Once a voluntary tool used primarily by federal contractors, E-Verify is now mandated, either broadly or for specific project types, by a growing number of states, and its role continues to expand under federal enforcement policy. For construction companies, which depend heavily on large, mobile workforces, and layered subcontracting relationships, E-Verify compliance presents unique operational and legal challenges. This article identifies the key practices construction companies should adopt to maintain compliance, highlights common good-faith mistakes that nonetheless expose contractors to enforcement risk, and examines the broader implications of continued E-Verify expansion for the construction labor market.
Read the full story...Reprinted courtesy of
Stephen E. Irving, Peckar & Abramson, P.C.Mr. Irving may be contacted at
sirving@pecklaw.com
Bona Fide Dispute Defeats Violation of Prompt Payment Act
June 15, 2026 —
David Adelstein - Florida Construction Legal UpdatesMost, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees.
But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Construction Robotics Works Where Variation Ends
August 11, 2026 —
Aarni Heiskanen - AEC BusinessBuiltWorlds published its
2026 Robotics Top 50 this summer, and the list is genuinely wide. Fifty solutions across nine categories, from 3D printing and prefabricated component manufacturing to earthmoving, demolition, material transport, layout, installation, inspection, and drilling. The honorees come from sixteen countries. It looks like robotics has finally spread across the whole project lifecycle.
However, having vendors in nine categories does not mean that contractors are robotizing their work en masse.
Zacua Ventures, in its
2026 construction robotics report, estimates that on-site robotics accounted for less than 0.03% of global construction spending in 2025. Zacua says: “That is not a failed market. It is a market at the beginning of an adoption S-curve”, while warning that its estimates rest on private vendor data and may be high if vendors overstate how widely their machines are deployed.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Dispute Erupts Into Public Over Castro Theater Rehab Project Costs
September 08, 2026 —
Richard Korman - Engineering News-RecordAs it was about to start an arbitration of final payments on a complex theater renovation, the entertainment company that leases San Francisco's landmark Castro Theatre has filed a state court trademark violation lawsuit seeking to bar the contractor from publicizing as a success its work for the owner on that and other projects.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
