The majority of Tom's practice is in the defense of errors and omissions claims against architects, engineers and surveyors. As well, Tom has extensive experience defending all sides in construction defect litigation, and in defending design professionals incident to construction accidents, and contractors involved in high-dollar property damage claims resulting from storms, accidents and design failures.
Many of the matters that Tom handles stem from condominium warranty litigation, multifamily housing defect issues, and hospitality industry construction defect claims. Tom's education in civil engineering has lead to his involvement in numerous site civil design lawsuits, including flooding and uneconomic design claims.
Significant Representative Matters
· Successfully defended antenna installation contractor in multi-million dollar property damage claim following hurricane water intrusion by showing that hotel owner had performed illegal roof repairs over a period of years, avoiding inspection by building official and using substandard materials and methods.
· Defended architects in over 20 suits involving contract and statutory warranty claims by condominium associations.
· Defended numerous mechanical engineers in design defect claims involving hotels, nursing homes, condominiums and various other commercial structures.
· On two occasions represented consulting engineering firms with regard to construction phase building collapses involving the death and serious injury of construction workers.
· Defended both site civil and highway design engineers with regard to claims of property damage caused by flooding.
· Defended several site civil design engineers in lawsuits from developers claiming damages resulting from uneconomic designs.
Classes/Seminars Taught
· Tom regularly makes presentations to groups of architects, engineers and surveyors on behalf of their insurers, addressing subjects aimed at claim avoidance and risk management.
Past Employment Positions
· Obringer, DeCandio & Oosting, PA, November 1993 - June 2004
· Cummings, Lawrence & Vezina, PA, April 1988 - October 1993
· Perini Corporation, August 1986 - March 1988
· United States Army Corp of Engineers, August 1970 - June 1982
Publications
District Court explains Florida's rule on causes of action for negligence against professionals.
Law Alerts · July 1, 2010
In this case, Florida's Third District Court of Appeal, relying on Moransais v. Healthman, 744 So.2d 973 (Fla. 1999), explained that an extra-contractual remedy against a negligent professional is necessary because contractual remedies may be..., Case Law Alert - 3rd Qtr 2010
The Supreme Court of Florida finds common law duty of polluters to protect economic interests of commercial fishermen.
Law Alerts · July 1, 2010
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the..., Case Law Alert - 3rd Qtr 2010
United States District Court for Eastern District of Louisiana explains Florida's economic loss rule.
Law Alerts · July 1, 2010
The court in the above action reviewed and applied Florida, Alabama and Louisiana law regarding the economic loss rule. As it pertains to Florida, relying upon Indemnity Insurance Co. of North America v. American Aviation, Inc., 891 So.2d 532 (Fla...., Case Law Alert - 3rd Qtr 2010