06/03/2026
Florida Bar Board-Certified Construction Law specialist Hugh Higgins will be co-presenting a continuing legal education course for the Florida Bar's Real Property, Probate and Trust Law Section on the Economic Loss Rule — one of the more contested and genuinely unsettled doctrines in Florida construction law.
The course will cover the rule's original purpose, how it expanded into something courts later had to walk back, the Tiara decision and what it actually changed, and the construction-specific application that still has open questions.
One of those questions — whether the ELR applies to a distributor's duty-to-warn claim when the product itself isn't defective — was certified to the Florida Supreme Court in NBIS v. Liebherr-America and never answered. The case settled first.
That gap matters for anyone handling construction defect claims, insurance coverage disputes, or multi-party construction litigation in Florida.
If you’re interested in attending on June 8th, follow the link to register: https://tfb.inreachce.com/Details/Information/39035bf9-6102-44c8-b303-a0d04c326c53