Loewe v. Seagate Homes, Inc.
987 So. 2d 758 (Fla. 5th DCA 2008)
A purchase contract included an exculpatory clause purporting to release the builder from any liability for personal injury caused by its construction practices. The court held that the clause was void as against public policy. Not only was the clause unenforceable to the extent that it attempted to release the builder of liability for an intentional tort, but also because a party can not contract away its responsibility to comply with a building code when the person with whom the contract was made was one of those whom the code was designed to protect. Regardless of whether the homeowners ultimately were able to establish a code violation, the exculpatory clause was unenforceable to the extent it purported to absolve the builder of liability for personal injuries that were caused by its alleged negligence. Florida's comprehensive regulation of the licensing of building contractors and building construction standards, as shown in § 489.101, Fla. Stat. and § 553.781(1), Fla. Stat. (2003), reflected a clear public policy to protect purchasers of residential homes from personal injuries caused by improper construction practices.