The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . The lower court concluded that the clauses were void and unenforcable pursuant to section 725.06, Florida . . . Babe's Plumbing, Inc. , 111 So.3d 955, 959 (Fla. 2d DCA 2013) (stating that section 725.06 would only . . . 1st DCA 1992) (notwithstanding void portion of indemnity clause for failure to comply with section 725.06 . . . Mar. 31, 2008) (concluding that section 725.06 only voided portion of contractual indemnity provision . . .
. . . under this Subcontract Agreement or $1 million, whichever is greater, and that the requirements of § 725.06 . . .
. . . Mastec, which required Blok to indemnify Mastec for its own negligence, did not comply with section 725.06 . . . Blok argues that section 725.06, Florida Statutes, applies to its contract, and because the contract . . . Based upon the plain wording of the statute, however, we conclude that section 725.06 does not apply . . . Mastec suggests that section 725.06 does not apply to utility contracts, which are quasi-governmental . . . Thus, we do not decide this case on the basis that section 725.06 can never apply to a contract with . . .
. . . Babe’s also argued that Pilot’s indemnity claims were barred by section 725.06, Florida Statutes (2005 . . . 725.06 because Pilot was seeking indemnification from Babe’s for Pilot’s own negligence. . . . Waterproofing Co. of Am., 500 So.2d 162, 164 (Fla. 1st DCA 1986) (holding that section 725.06 operates . . . Pilot argues on appeal that section 725.06 “only applies to circumstances where the first party agreed . . . Section 725.06 would only bar Pilot’s claims for indemnification if Pilot’s claims were based on Pilot . . .
. . . Because we determine the indemnity provision at issue is void under section 725.06, Florida Statutes . . . Section 725.06(1) reads, in part: Any portion of any agreement or contract for or in connection with, . . . The court held that the indemnity provision was “defeated by the terms of [section 725.06]” because it . . . For that reason, it is void and unenforceable as provided in section 725.06, and the trial court erred . . . Pumpco asserts that section 725.06 evinces the Legislature’s intent to protect only property owners from . . .
. . . . § 725.06(1) (emphasis added). . . . for its own acts, omissions, or defaults, that portion of the Rental Agreement is void under section 725.06 . . . LEXIS 30718, at *9 (“Section 725.06 of the Florida Statutes only voided that portion of the Contract . . . Agreement is void as to United Rentals’s own “acts, omissions, or defaults” per Florida Statute section 725.06 . . .
. . . Furthermore, Suncoast concedes that the trial court applied the wrong version of section 725.06 when . . .
. . . , the contractual indemnification clause unenforceable due to Kone’s failure to comply with section 725.06 . . . We reverse the dismissal of Count I and remand the case for further proceedings, because section 725.06 . . . The hearing focused upon whether section 725.06, Florida Statutes (1999), applied to the maintenance . . . See § 725.06, Fla. Stat. . . . See § 725.06, Fla. Stat. (1999). . . .
. . . the Crossing Agreement is invalid because its terms do not satisfy the requirements in Fla Stat. ch. 725.06 . . . Stat. ch. 725.06 (1993). . . . Stat. ch. 725.06, we decline to second guess the court’s determination that KUA received consideration . . . As one Florida court noted, “[t]he ‘specific consideration’ required by section 725.06(2) need not be . . . Stat. ch. 725.06. . . .
. . . section 768.28, Florida Statutes (1997), absent specific legislative authority, and because under section 725.06 . . .
. . . the trial court had granted summary judgment in favor of Howard and INA on the ground that section 725.06 . . .
. . . Stat. (2001) (liability for improper construction lien); § 725.06(l)(c), Fla. . . .
. . . indemnity provision in Barton-Malow’s subcontract agreement was void and unenforceable under section 725.06 . . . ’s ruling that the indemnity provision in its subcontract agreements is unenforceable under section 725.06 . . . Ashland-Warren, Inc., 458 So.2d 851, 855-56 (Fla. 2d DCA 1984), this court held that section 725.06 does . . .
. . . agree with the trial court that the indemnification agreement did not meet the requirements of section 725.06 . . .
. . . They also contend that the indemnity provision is void and unenforceable under Florida Statute § 725.06 . . .
. . . Florida Statutes (1983), and by Florida’s statutory limitation on indemnification contracts, section 725.06 . . . CDM and Howard was void and therefore unenforceable, because CDM had failed to comply with section 725.06 . . . , Florida Statutes (1983), which provides, in relevant part: 725.06 Construction contracts; limitation . . . See § 725.06(1), Fla. Stat. (1983). . . . .
. . . be wrongfully deprived of the right to raise whether the indemnity agreement complies with section 725.06 . . .
. . . contractor, then the provision is unenforceable to that extent because it does not comply with section 725.06 . . .
. . . indemnification because the contractual provision on which it relied failed to comply with section 725.06 . . . precluding it from litigating the issues of whether the indemnity agreement complied with Fla.Stat. § 725.06 . . . be wrongfully deprived of the right to raise whether the indemnity agreement complies with section 725.06 . . .
. . . Florida law because it was not specific enough to indemnify Gulf against its own negligence. 4) Section 725.06 . . . Whether section 725.06, Florida Statutes, precludes Gulf from maintaining an action for indemnification . . . Section 725.06, Florida Statutes, provides: Construction contracts; limitation on indemnification. — . . . Section 725.06, Florida Statutes, therefore, does not apply in this situation and would not preclude . . .
. . . agreement and as a result the indemnification provision was void and unenforceable pursuant to section 725.06 . . . Section 725.06 provides: Any portion of any agreement or contract for, or in connection with, any construction . . . The “specific consideration” required by section 725.06(2) need not be a dollar amount. . . . In a fourth district case interpreting 725.06(2), Westinghouse Electric Corporation v. . . . that 1% of this amount represents specific consideration given to RSH within the meaning of section 725.06 . . .
. . . indemnification section of the construction contract was void and unenforceable because of section 725.06 . . . , Florida Statutes (1985), which provides as follows: 725.06 Construction contracts; limitation on indemnification . . . Cuhaci argues that since it was not making a claim for indemnity for its own negligence, section 725.06 . . . America, 500 So.2d 162 (Fla. 1st DCA 1986), the First District noted as follows: We interpret [section 725.06 . . . Cuhaci did not seek indemnification for its own active negligence, and, therefore, section 725.06 was . . .
. . . 13(a), 17 and 18 of this agreement constitutes sufficient and adequate consideration under Section 725.06 . . .
. . . limitation on the extent of damages, or specific consideration for indemnity as required by Section 725.06 . . . That section reads as follows: 725.06 Construction contracts; limitation on indemnification. — Any portion . . . Appellant argues, among other things, that Section 725.06 applies only to indemnification against one . . . Specifically, Section 725.06 states in relevant part as applied to the factual scenario before us: “Any . . . Turnberry Corp., 423 So.2d 407 (Fla. 4th DCA 1982) rev. den. 434 So.2d 889 (Fla.1983) (section 725.06 . . . A literal reading of Section 725.06 requires us, according to the subcontractors, to apply the statute . . . they do not contain either a monetary limitation or specific consideration, as required by section 725.06 . . . If it sought the former, clearly it would be barred by the provisions of section 725.06, because it did . . .
. . . We find error in the trial court’s application of section 725.06, Florida Statutes (1977), as the ground . . . Section 725.06 does not govern the circumstances of the case under consideration. . . . Section 725.06 would apply if Coth-ron sought indemnification from Upper Keys for Cothron’s negligence . . .
. . . Mamba also challenges the finding that Section 725.06, Florida Statutes (1973), is not applicable to . . . We therefore do not reach the issue raised concerning the applicability of Section 725.06, Florida Statutes . . .
. . . recovery under contractual or common law indemnity; and (c) the contract failed to comply with section 725.06 . . . unless, the provision contains specific language expressly evidencing such intent; and (b) under section 725.06 . . . II.WHETHER SECTION 725.06, FLORIDA STATUTES (1983) IS IRRELEVANT TO THIS CASE BECAUSE APPELLEE WAS AWARDED . . . In regard to appellant’s second point, we conclude that section 725.06, Florida Statutes (1977), which . . . appellee’s cause of action grew out of a breach of such a contract providing for insurance, section 725.06 . . .
. . . several affirmative defenses: failure to mitigate damages, invalidity of the surety bond under Section 725.06 . . .
. . . Westinghouse for Westinghouse’s own wrongdoing and further that it failed to meet the requirements of Section 725.06 . . . Section 725.06, Florida Statutes (1979), sets out the requirements for indemnity agreements in construction . . . The statute reads as follows: 725.06 Construction contracts; limitation on indemnification. — Any portion . . . Only one of the sub-sections of Section 725.06 need be satisfied since the statute reads in the disjunctive . . .
. . . against UPS . .. . ” Jemco contends that this indemnity provision is void and unenforceable under Section 725.06 . . . Section 725.06, Florida Statutes (1975), provides: “Construction contracts; limitation on indemnification . . . incorrectly ruled that Florida law applied, but held that the monetary limitation requirements of Section 725.06 . . .
. . . Company, 28 N.Y.2d 205, 269 N.E.2d 799 (1971), not the law of Florida, under which it is not, see § 725.06 . . .
. . . third party plaintiffs are third party beneficiaries of said contractual provision in view of Section 725.06 . . .
. . . indemnify A— T-0 against the consequences of A-T-O’s own negligence is defeated by the terms of Section 725.06 . . . disregard for the plaintiffs’ rights required to sustain a $1,000,000 punitive damage award.” . “§ 725.06 . . .
. . . . § 725.06, Fla.Stat. (1977). . . .
. . . under TSUS item 726.55, as modified, as “Parts of stringed musical instruments provided for in item 725.06 . . .
. . . additional premium for the coverage provided in the indemnity agreement, thus meeting the requirement of § 725.06 . . .
. . . merchandise was electric guitars (both hollow and solid body types) which were classified under item 725.06 . . .
. . . in chief value of wood — were assessed duty by the government at the rate of 34 percent under item 725.06 . . .
. . . Both types were classified by the government under item 725.06 of the Tariff Schedules of the United . . . of headnote 2(c) and item 125.45, rather than as “other stringed [musical] instruments” under item 725.06 . . . provision for “electronic musical instruments” in item 725.45, and not under the provision in item 725.06 . . . However, the Bureau held, in addition, that hollow-body electric guitars were classifiable under item 725.06 . . .
. . . individually and as executor of the estate of Elsie Murray, sued to recover a refund in the amount of $15,-725.06 . . .
. . . income taxes in the amount of Fifteen Thousand Seven Hundred Twenty-Five Dollars and Six Cents ($15,-725.06 . . .
. . . And in the year of the second marriage, 1946, stock sales had produced a capital gain of $11,-725.06. . . .