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Florida Statute 718.203 | Lawyer Caselaw & Research
F.S. 718.203 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.203
718.203 Warranties.
(1) The developer shall be deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchantability for the purposes or uses intended as follows:
(a) As to each unit, a warranty for 3 years commencing with the completion of the building containing the unit.
(b) As to the personal property that is transferred with, or appurtenant to, each unit, a warranty which is for the same period as that provided by the manufacturer of the personal property, commencing with the date of closing of the purchase or the date of possession of the unit, whichever is earlier.
(c) As to all other improvements for the use of unit owners, a 3-year warranty commencing with the date of completion of the improvements.
(d) As to all other personal property for the use of unit owners, a warranty which shall be the same as that provided by the manufacturer of the personal property.
(e) As to the roof and structural components of a building or other improvements and as to mechanical, electrical, and plumbing elements serving improvements or a building, except mechanical elements serving only one unit, a warranty for a period beginning with the completion of construction of each building or improvement and continuing for 3 years thereafter or 1 year after owners other than the developer obtain control of the association, whichever occurs last, but in no event more than 5 years.
(f) As to all other property which is conveyed with a unit, a warranty to the initial purchaser of each unit for a period of 1 year from the date of closing of the purchase or the date of possession, whichever occurs first.
(2) The contractor, and all subcontractors and suppliers, grant to the developer and to the purchaser of each unit implied warranties of fitness as to the work performed or materials supplied by them as follows:
(a) For a period of 3 years from the date of completion of construction of a building or improvement, a warranty as to the roof and structural components of the building or improvement and mechanical and plumbing elements serving a building or an improvement, except mechanical elements serving only one unit.
(b) For a period of 1 year after completion of all construction, a warranty as to all other improvements and materials.
(3) “Completion of a building or improvement” means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. In jurisdictions where no certificate of occupancy or equivalent authorization is issued, the term means substantial completion of construction, finishing, and equipping of the building or improvement according to the plans and specifications.
(4) These warranties are conditioned upon routine maintenance being performed, unless the maintenance is an obligation of the developer or a developer-controlled association.
(5) The warranties provided by this section shall inure to the benefit of each owner and his or her successor owners and to the benefit of the developer.
(6) Nothing in this section affects a condominium as to which rights are established by contracts for sale of 10 percent or more of the units in the condominium by the developer to prospective unit owners prior to July 1, 1974, or as to condominium buildings on which construction has been commenced prior to July 1, 1974.
(7) Residential condominiums may be covered by an insured warranty program underwritten by a licensed insurance company registered in this state, provided that such warranty program meets the minimum requirements of this chapter; to the degree that such warranty program does not meet the minimum requirements of this chapter, such requirements shall apply.
History.s. 1, ch. 76-222; s. 1, ch. 77-221; s. 8, ch. 77-222; s. 3, ch. 78-340; s. 9, ch. 79-314; s. 11, ch. 91-103; s. 5, ch. 91-426; s. 8, ch. 92-49; s. 861, ch. 97-102; s. 4, ch. 2015-165.

F.S. 718.203 on Google Scholar

F.S. 718.203 on Casetext

Amendments to 718.203


Arrestable Offenses / Crimes under Fla. Stat. 718.203
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.203.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROCKWOOD CASUALTY INSURANCE COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, 917 F.3d 1198 (10th Cir. 2019)

. . . . § 718.203(b). . . . Id. at 27 (citing 30 U.S.C. § 92l(c)(l); 20 C.F.R. § 718.203(b) ). . . .

D. R. HORTON, INC. JACKSONVILLE, v. HERON S LANDING CONDOMINIUM ASSOCIATION OF JACKSONVILLE, INC., 266 So. 3d 1201 (Fla. App. Ct. 2018)

. . . As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that a "developer shall be . . . each unit implied warranties of fitness as to the work performed or materials supplied by them." § 718.203 . . . Thus, Appellant takes the position that in order to breach the implied warranty set forth in section 718.203 . . .

S. DAY, Jr. As S. Sr. As v. JOHNS HOPKINS HEALTH SYSTEM CORPORATION, d b a d b a LLC d b a MD,, 907 F.3d 766 (4th Cir. 2018)

. . . . § 718.203. . . .

SPRING CREEK COAL COMPANY, v. MCLEAN, O B O MCLEAN,, 881 F.3d 1211 (10th Cir. 2018)

. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .

WESTMORELAND COAL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR L. A., 696 F. App'x 604 (4th Cir. 2017)

. . . . § 718.203(b). , And since Westmore-land had not produced any evidence to rebut the presumption, the . . .

BRANDYWINE EXPLOSIVES SUPPLY v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 790 F.3d 657 (6th Cir. 2015)

. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .

ANTELOPE COAL COMPANY, v. J. GODDARD, F., 580 F. App'x 665 (10th Cir. 2014)

. . . . § 718.203(a). . . . Id. § 718.203(b). . . .

ARCH ON THE GREEN, INC. v. L. GROVES, 761 F.3d 594 (6th Cir. 2014)

. . . But § 718.203(a) states, “In order for a claimant to be found eligible for benefits under the Act, it . . . See 20 C.F.R. § 718.203(a).” . . . we explained that reading § 718.201 as imposing the only causal standard “effectively negates the § 718.203 . . . Dir., OWCP, 816 F.2d 1533, 1535 (11th Cir.1987), the Eleventh Circuit held that “20 C.F.R. § 718.203( . . . In Cornett, this court equated the standards in § 718.201 and § 718.203 by explaining that the claimant . . .

PARAMONT COAL COMPANY OF VIRGINIA, LCC, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, J., 565 F. App'x 166 (4th Cir. 2014)

. . . . §§ 718.304 and 718.203(b), and found that he was entitled to invocation of the irrebuttable statutory . . .

WESTMORELAND COAL COMPANY, INCORPORATED, v. L. STIDHAM, 561 F. App'x 280 (4th Cir. 2014)

. . . . § 718.203(a) (“In order for a claimant to be found eligible for benefits under the Act, it must be . . .

ANTELOPE COAL COMPANY RIO TINTO ENERGY AMERICA, v. E. GOODIN, 743 F.3d 1331 (10th Cir. 2014)

. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .

DALTON, v. OFFICE OF WORKERS COMPENSATION PROGRAMS,, 738 F.3d 779 (7th Cir. 2013)

. . . . § 718.203(b), a miner who is suffering from pneumoconiosis and was employed for a minimum of ten years . . .

PORT MARINA CONDOMINIUM ASSOCIATION, INC. v. ROOF SERVICES, INC. d b a LLC. a k a GAF, 119 So. 3d 1288 (Fla. Dist. Ct. App. 2013)

. . . . § 718.203, Fla. Stat. (2012). . . . GAF filed a motion to abate or in the alternative to dismiss, arguing that section 718.203(2) does not . . . .1995), in determining that GAF was a manufacturer and not a “supplier” within the meaning of section 718.203 . . . each unit implied warranties of fitness as to the work performed or materials supplied by them.... § 718.203 . . . In Harbor Landing, the court affirmed the dismissal of the appellant’s claim under section 718.203(2) . . .

MARONDA HOMES, INC. OF FLORIDA, v. LAKEVIEW RESERVE HOMEOWNERS ASSOCIATION, INC. T. D. v., 127 So. 3d 1258 (Fla. 2013)

. . . .” §§ 718.203(l)(c), 719.203(l)(c), Fla. Stat. (2006). . . .

PORTO VENEZIA CONDOMINIUM ASSOCIATION, INC. v. WB FORT LAUDERDALE, LLC, WB LLC, v., 926 F. Supp. 2d 1330 (S.D. Fla. 2013)

. . . The first was for breach of statutory implied warranties pursuant to Florida Statute § 718.203 because . . . It asked the Court to rule as a matter of law that WB was a “developer” under Florida Statute § 718.203 . . . The Court examined whether WB was a “developer” according to Florida Statute § 718.203. . . . Id. § 718.203. The Court did not require WB to honor these statutorily created warranties, however. . . . In reaching this conclusion, the Court is not holding that § 718.203 is a necessarily good policy. . . .

LANDMARK AMERICAN INSURANCE COMPANY, v. SANTA ROSA BEACH DEVELOPMENT CORP. I,, 107 So. 3d 1135 (Fla. Dist. Ct. App. 2012)

. . . . § 718.203.... . . .

HARMAN MINING COMPANY v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, v., 678 F.3d 305 (4th Cir. 2012)

. . . . § 718.203(a) (“In order for a claimant to be found eligible for benefits under the Act, it must be . . .

GREAT AMERICAN FIDELITY INSURANCE COMPANY, E S v. JWR CONSTRUCTION SERVICES, INC. a, 882 F. Supp. 2d 1340 (S.D. Fla. 2012)

. . . . § 718.203 and common law, impliedly warranted to the Plaintiffs that each parcel was reasonably fit . . . See F.S. § 718.203(2) (“The contractor, and all subcontractors and suppliers, grant to the developer . . .

ISLAND CREEK COAL COMPANY, v. CALLOWAY,, 460 F. App'x 504 (6th Cir. 2012)

. . . . § 718.203(b) under which a miner suffering from pneumoconiosis and employed ten years or more in the . . . rebuttable presumption that the pneumo-coniosis arose out of the coal mining employment. 20 C.F.R. § 718.203 . . . See 20 C.F.R. § 718.203(b). . . .

HARBOR LANDING CONDOMINIUM OWNERS ASSOCIATION, INC. v. HARBOR LANDING, L. L. C. a a a a LLC, a To Do, 78 So. 3d 120 (Fla. Dist. Ct. App. 2012)

. . . dismissing Count XI of its complaint, which was a breach of statutory implied warranty claim under section 718.203 . . . determination that dismissal was appropriate because Rohm and Haas was not a “supplier” under section 718.203 . . . Section 718.203(2), Florida Statutes (2010), which pertains to condominium warranties, provides in part . . . Litig., 21 F.Supp.2d 593, 600-01 (E.D.La. 1998) (noting that the Legislature, through section 718.203 . . . (2) is that the Legislature used the term “manufacturers” in subsection (1) of section 718.203, which . . .

ISPAT INLAND, INC, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, L., 422 F. App'x 153 (3d Cir. 2011)

. . . . § 718.203(b). Ispat/Inland conceded Lentz was totally disabled due to a pulmonary condition. . . .

ISPAT INLAND, INC. v. DIRECTOR OWCP,, 422 F. App'x 149 (3d Cir. 2011)

. . . . § 718.203(b). . . .

CONSOLIDATION COAL, v. DIRECTOR OWCP, F., 413 F. App'x 552 (3d Cir. 2011)

. . . . § 718.203(b), that it argues is only available to cases in which the claimant is alleging the existence . . . Immediately before the only mention of the § 718.203(b) presumption, the ALJ stated “[a]fter weighing . . .

LAKEVIEW RESERVE HOMEOWNERS, v. MARONDA HOMES, INC., 48 So. 3d 902 (Fla. Dist. Ct. App. 2010)

. . . warranties in a condominium case before the legislature first enacted warranties for condominiums in section 718.203 . . .

GUNDERSON, v. UNITED STATES DEPARTMENT OF LABOR,, 601 F.3d 1013 (10th Cir. 2010)

. . . . §§718.3, 718.202, 718.203, 718.204. . . .

ENERGY WEST MINING COMPANY, v. OLIVER, 555 F.3d 1211 (10th Cir. 2009)

. . . . § 718.203(b) (establishing presumption). Mr. . . .

SALTPONDS CONDOMINIUM ASSOCIATION, INC. v. WALBRIDGE ALDINGER COMPANY,, 979 So. 2d 1240 (Fla. Dist. Ct. App. 2008)

. . . Section 718.203, Florida Statutes (2006), provides, in pertinent part as follows: 718.203 Warranties. . . . The Florida Supreme Court has found that: As noted in section 718.203 ... the guarantee established in . . . The Contractor also contends that because section 718.203(2)(a), Florida Statutes provides a warranty . . . See § 718.203(l)(e), (2)(a), Fla. Stat. (2006). . . . This analysis of the warranties set forth under section 718.203 is incomplete. . . .

MARFORK COAL COMPANY, v. L. WEIS, 251 F. App'x 229 (4th Cir. 2007)

. . . . §§ 718.203(b); 718.304. . . . .

TURNBERRY COURT CORPORATION, a a a v. Dr. BELLINI, a, 962 So. 2d 1006 (Fla. Dist. Ct. App. 2007)

. . . — Breach of Statutory Implied Warranty of Fitness and Merchantability under Florida Statute Section 718.203 . . . A short review of the history of Section 718.203 may assist us in the proper interpretation of the statute . . . The holding in Gable was first codified in 1974 as section 711.65, now section 718.203. . . . Although divided into seven subsections, only subsection (1) of section 718.203 directly applies to developers . . . year from the date of closing of the purchase or the date of possession, whichever occurs first. § 718.203 . . .

ENERGY WEST MINING COMPANY, v. C. JOHNSON, 233 F. App'x 860 (10th Cir. 2007)

. . . . § 718.203(a), (b). Finally, the ALJ held that Mr. . . .

DANIELS COMPANY, INCORPORATED, v. MITCHELL,, 479 F.3d 321 (4th Cir. 2007)

. . . (See § 718.203).”). . . . With regard to the second element, § 718.203 of the regulation “sets forth two methods by which a claimant . . . shall be a rebuttable presumption that the pneumoconiosis arose out of such employment.” 20 C.F.R. § 718.203 . . . coal mine employment was made without benefit or application of the ten year presumption at Section 718.203 . . . See 20 C.F.R. § 718.203(b), (c).... . . .

CROCKETT COLLERIES, INC. v. BARRETT Of, 478 F.3d 350 (6th Cir. 2007)

. . . . §§ 718.202, 718.203, 718.204. . . . See 20 C.F.R. § 718.203(b) (“If a miner who is suffering or suffered from pneumoconiosis was employed . . .

PERRY, v. MYNU COALS, INCORPORATED, 469 F.3d 360 (4th Cir. 2006)

. . . . § 718.203, and that death was due to pneumoconiosis, 20 C.F.R. § 718.205. See Shuff v. . . .

C. ANDERSEN, J. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 455 F.3d 1102 (10th Cir. 2006)

. . . . § 718.203(b). II. Before addressing Petitioner’s argument that Mr. . . . See §§ 718.203(b), (c). . . .

GRINNELL CORPORATION d b a a v. PALMS OCEAN BOULEVARD, LTD. a, 924 So. 2d 887 (Fla. Dist. Ct. App. 2006)

. . . against Grinnell Corporation for breach of express warranty and breach of implied warranty under section 718.203 . . . See § 718.203(2), Fla. Stat. (2005). . . .

MOUNTAIN CLAY, INC. v. L. SPIVEY, 172 F. App'x 641 (6th Cir. 2006)

. . . . § 718.203(b). The ALJ found and Mountain Clay does not dispute that this presumption applied. . . . .

YOGI MINING COMPANY, v. M. FIFE, 159 F. App'x 441 (4th Cir. 2005)

. . . . § 718.203(b). . . .

INLAND STEEL COMPANY, v. DIRECTOR, OWCP, UNITED STATES DEPARTMENT OF LABOR, 152 F. App'x 187 (3d Cir. 2005)

. . . pneumoconiosis (see § 718.202); (2)[t]he miner’s pneumoconiosis arose out of coal mine employment (see § 718.203 . . .

ROBERTS SCHAEFER COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS L., 400 F.3d 992 (7th Cir. 2005)

. . . . § 718.203(b). . . .

U. S. STEEL MINING COMPANY, LLC, v. DIRECTOR, OWCP,, 386 F.3d 977 (11th Cir. 2004)

. . . . § 718.203(b), a miner with pneumono-coniosis who has worked for 10 or more years in coal mines is entitled . . .

HOWARD, v. MARTIN COUNTY COAL CORP. t, 89 F. App'x 487 (6th Cir. 2003)

. . . entitled to the presumption that his pneumoconiosis arose from his coal mine employment. 20 C.F.R. 718.203 . . .

P. SYVRUD C. v. TODAY REAL ESTATE, INC. a d b a Re, 858 So. 2d 1125 (Fla. Dist. Ct. App. 2003)

. . . imposed on developers of condominiums and their contractors, subcontractors, and suppliers by section 718.203 . . .

PEABODY COAL CO. Co. v. J. ODOM, 342 F.3d 486 (6th Cir. 2003)

. . . . §§ 718.202, 718.203, 718.204 (2001). . . .

D. JOHNSON, v. ROYAL COAL COMPANY, 326 F.3d 421 (4th Cir. 2003)

. . . . § 718.203; 6) that petitioner was totally disabled from a respiratory standpoint or a pulmonary standpoint . . . See 20 C.F.R. §§ 725.201(a)(1), 725.202(d), 718.202, 718.203, 718.204 (2002). . . .

McCAIN, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 58 F. App'x 184 (6th Cir. 2003)

. . . . §§ 718.202, 718.203, 718.204. . . .

BETHENERGY MINES, INCORPORATED, v. ROWAN, B., 50 F. App'x 578 (4th Cir. 2002)

. . . . §§ 718.201, 718.203(b), 718.205(c)(2) (1992); Shuff v. . . .

J. RAY, v. BRUSHY CREEK TRUCKING COMPANY, INC., 50 F. App'x 659 (6th Cir. 2002)

. . . . § 718.203(b)); and second, because the length of coal mine employment has the potential to affect medical . . .

SVETICH, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, U. S. STEEL MINING COMPANY, INC., 26 F. App'x 875 (10th Cir. 2002)

. . . . §§ 718.203-.204. . . .

CAMPBELL, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 23 F. App'x 465 (6th Cir. 2001)

. . . . § 718.203. . . .

WESTMORELAND COAL COMPANY, INCORPORATED, v. R. RAMSEY, 28 F. App'x 173 (4th Cir. 2001)

. . . . § 718.203(b) that any pneumoconiosis arose out of coal mine employment applied and that Ramsey was . . .

SEXTON, v. SWITCH ENERGY COAL CORPORATION, 20 F. App'x 325 (6th Cir. 2001)

. . . Additionally, he argues that the presumption contained in § 718.203 applies to this analysis, invoking . . . Sexton’s argument on appeal that the presumption in § 718.203 applies to the § 718.304 analysis is not . . .

PITTSBURG MIDWAY COAL MINING COMPANY v. SANCHEZ, 18 F. App'x 722 (10th Cir. 2001)

. . . . § 718.203(a). . . .

WALKER, v. BETHENERGY MINES, INC., 4 F. App'x 218 (6th Cir. 2001)

. . . . § 718.203(b); Adams, 886 F.2d at 819. . . .

CORNETT, v. BENHAM COAL, INC., 227 F.3d 569 (6th Cir. 2000)

. . . . §§ 718.202, 718.203, 718.204. See also Adams v. Director, OWCP, 886 F.2d 818, 820 (6th Cir.1989). . . .

UNITED STATES STEEL MINING COMPANY, INCORPORATED, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR S. K., 187 F.3d 384 (4th Cir. 1999)

. . . . §§ 718.201, 718.203, 718.205(c)(1). . . .

PINEY MOUNTAIN COAL COMPANY, v. MAYS, R. R., 176 F.3d 753 (4th Cir. 1999)

. . . . §§ 718.201 (definition of pneumoconiosis), 718.202 (existence of disease), 718.203 (relationship with . . .

In MASONITE CORP. HARDBOARD SIDING PRODUCTS LIABILITY LITIGATION., 21 F. Supp. 2d 593 (E.D. La. 1998)

. . . third-party beneficiary status upon plaintiff or the homeowners is further bolstered by reading section 718.203 . . . Fla.Stat. § 718.203. . . .

PEABODY COAL COMPANY v. E. HILL,, 123 F.3d 412 (6th Cir. 1997)

. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . . See 20 C.F.R. § 718.203. . . .

PEABODY COAL COMPANY, v. SPESE,, 117 F.3d 1001 (7th Cir. 1997)

. . . . § 718.203(b) (presumption that pneumoconiosis caused by coal mining work). . . .

CARLANDIA CORPORATION, a v. OBERNAUER,, 695 So. 2d 408 (Fla. Dist. Ct. App. 1997)

. . . A “warranty” under section 718.1255(1) includes those enumerated in section 718.203. . . . See § 718.203, Fla. Stat. (1995). . . . .

BARREN CREEK COAL COMPANY v. WITMER,, 111 F.3d 352 (3d Cir. 1997)

. . . . § 718.203(b) (relating to miners with ten or more years employment) to find that the disease is employment-related . . .

LOVILIA COAL COMPANY v. HARVEY, 109 F.3d 445 (8th Cir. 1997)

. . . . § 718.203(a)(em-phasis added). Cf. . . . Hudson, 73 F.3d at 848 (citing 20 C.F.R. § 718.203(b)). . . .

LANGO, F. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 104 F.3d 573 (3d Cir. 1997)

. . . The ALJ also found that no evidence rebutted the presumption in § 718.203(b) that Mr. . . .

WYOMING FUEL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, J., 90 F.3d 1502 (10th Cir. 1996)

. . . . § 718.203. . . .

CROSS MOUNTAIN COAL, INC. v. WARD, 93 F.3d 211 (6th Cir. 1996)

. . . . § 718.203(b) that his pneumoconiosis arose out of his coal mine employment. . . . also found that claimant’s pneumoconiosis arose out of his coal mine employment pursuant to 20C.F.R. § 718.203 . . .

WELLMORE COAL CORPORATION, v. R. STILTNER, 81 F.3d 490 (4th Cir. 1996)

. . . See § 718.203. . . .

ASSOCIATED ELECTRIC COOPERATIVE, INC. v. HUDSON, 73 F.3d 845 (8th Cir. 1996)

. . . . § 718.203(b). . . .

DEHUE COAL COMPANY, v. BALLARD, 65 F.3d 1189 (4th Cir. 1995)

. . . . § 718.203(b) (1994), that his pneumoconiosis arose out of his coal mine employment. . . . Section 921(c)(1) of the Act and its interpretive regulations, 20 C.F.R. § 718.203(b), allow a petitioner . . . he enjoyed the presumption that his pneu-moconiosis arose out of coal mine employment. 20 C.F.R. § 718.203 . . .

A. DOSS, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 53 F.3d 654 (4th Cir. 1995)

. . . prima facie case, that the disease arose out of Doss's coal mine employment, was presumed under section 718.203 . . .

LEISURE RESORTS, INC. v. FRANK J. ROONEY, INC., 654 So. 2d 911 (Fla. 1995)

. . . the following question certified to be of great public importance: WHETHER THE PROVISIONS OF SECTION 718.203 . . . the contractor does not warrant those items for a “specific purpose” under the provisions of section 718.203 . . . In its opinion, the district court set forth a detailed analysis of section 718.203. . . . (1) and the contractor’s warranty mandated by section 718.203(2). . . . To be in compliance with the section 718.203(2) implied warranty of fitness then, the contractor must . . .

GRIFFITH, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 49 F.3d 184 (6th Cir. 1995)

. . . . § 718.203(b) sets out this presumption as follows: “If a miner who is suffering or suffered from pneumoconiosis . . .

M. TOLER, v. EASTERN ASSOCIATED COAL COMPANY, 43 F.3d 109 (4th Cir. 1995)

. . . Subsection 718.203(b) provides for a rebuttable presumption that a miner who is suffering from pneumoconiosis . . .

CHARLEY TOPPINO SONS, INC. v. SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC. EPIC METALS CORP. v. SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC., 658 So. 2d 922 (Fla. 1994)

. . . The majority’s conclusion that section 718.203, Florida Statutes (1987), allows a condominium association . . . Section 718.203(5) clearly accords the warranties provided by section 718.203 “to the benefit of each . . . The plain language of section 718.203(5) does not give the condominium association a right to sue in . . . The plain language of section 718.203(5) does not support this conclusion. . . . , I would answer the question in the negative and quash the opinion below. .Section 718.203, Florida . . . of action for damage to common elements in condominium buildings, beyond the time granted in section 718.203 . . . The district court reversed, reasoning thusly: Section 718.203(2)(a), Florida Statutes (1987), provides . . . Rights of the Association Section 718.203, Florida Statutes (1987), creates a statutory cause of action . . . for breach of implied warranty of fitness in condominium construction: 718.203 Warranties.— (1) The . . . See § 718.203, Fla.Stat. (1987). . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, DEPARTMENT OF LABOR v. GREENWICH COLLIERIES, 512 U.S. 267 (U.S. 1994)

. . . worked in the mines for at least 10 years developed the disease because of his employment. 20 CFR § 718.203 . . .

J. MITCHELL, v. OFFICE OF WORKERS COMPENSATION PROGRAMS,, 25 F.3d 500 (7th Cir. 1994)

. . . need not establish the existence of pneumo-noeoniosis separately and may avail herself of the Section 718.203 . . . See 30 U.S.C. § 902(d); 20 C.F.R. § 725.-202(a). . 20 C.F.R. § 718.203(b) provides: If a miner who is . . . Further, under 20 C.F.R. § 718.203(b), Mrs. Mitchell is entitled to a presumption that Mr. . . .

E. SUMMERS, v. FREEMAN UNITED COAL MINING CO., 14 F.3d 1220 (7th Cir. 1994)

. . . . § 718.203(b), that presumption had been rebutted. (Decision and Order dated December 19, 1986). . . . Office of Workers’ Compensation Programs, 988 F.2d 706, 708 n. 2 (7th Cir.1993). . 20 C.F.R. § 718.203 . . .

NORFOLK AND WESTERN RAILWAY COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR E., 5 F.3d 777 (4th Cir. 1993)

. . . . § 718.203(b). We affirm. I. . . . The ALJ also found that Shrader was entitled to the presumption of 20 C.F.R. § 718.203(b) that his pneumoconiosis . . . employment was improper, and that the ALJ and the Board improperly relied on the presumption of 20 C.F.R. § 718.203 . . . preparation plants, he improperly found that Shrader was entitled to the presumption of 20 C.F.R. § 718.203 . . .

FRANK J. ROONEY, INC. n k a Co. v. LEISURE RESORTS, INC., 624 So. 2d 773 (Fla. Dist. Ct. App. 1993)

. . . verdict on a third-party indemnity claim for breach of statutory warranty as prescribed in section 718.203 . . . THE CONTRACTOR’S WARRANTY: § 718.203 (2) The contractor, and all subcontractors and suppliers, grant . . . Under section 718.203(1)(b) and (d), the unit owner receives an implied warranty from the developer that . . . We are unable to find any language of a similar nature or import contained within section 718.203(2), . . . The language in section 718.203(2) does not negate this contractual disclaimer and was not intended by . . .

JIM WALTER RESOURCES, INC. v. ALLEN, 995 F.2d 1027 (11th Cir. 1993)

. . . . § 718.203(b), a miner who has worked for 10 or more years in the coal mining industry is entitled to . . .

GREENWICH COLLIERIES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 990 F.2d 730 (3d Cir. 1993)

. . . . § 718.203 (1992). . . .

B. TUSSEY, Sr. v. ISLAND CREEK COAL COMPANY, 982 F.2d 1036 (6th Cir. 1993)

. . . This entitled Tussey to the presumption contained in § 718.203 that if a miner has pneumoconiosis and . . .

SANDARAC ASSOCIATION, INC. a v. W. R. FRIZZELL ARCHITECTS, INC. a H. D. a, 609 So. 2d 1349 (Fla. Dist. Ct. App. 1992)

. . . See § 718.203, Fla.Stat. (1991). . . .

SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC. a v. CHARLEY TOPPINO AND SONS, INC., 610 So. 2d 470 (Fla. Dist. Ct. App. 1992)

. . . of action for damage to common elements in condominium buildings, beyond the time granted in section 718.203 . . . Toppino, Monroe, and Epic, except the claims for breach of statutory implied warranties under section 718.203 . . . , Seawatch filed a second amended complaint repleading the section 718.203 claims and restating the claims . . . In this appeal the condominium association challenges the dismissal of the section 718.203 claims on . . . It would appear that the filing was within the limitations period of sections 95.11(3)(c) and 718.203 . . .

FREEMAN UNITED COAL MINING COMPANY, v. COOPER,, 965 F.2d 443 (7th Cir. 1992)

. . . . § 718.203(b). The BRB affirmed the AU’s findings. . . .

M. NEWELL, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, 933 F.2d 510 (7th Cir. 1991)

. . . months of coal mine employment, and thus was entitled to a presumption of employment causation under § 718.203 . . .

COMPTON, v. INLAND STEEL COAL COMPANY, 933 F.2d 477 (7th Cir. 1991)

. . . . § 718.203. . . . mines for ten years or more, Compton benefits from the rebuttable presumption contained in 20 C.F.R. § 718.203 . . .

J. SHELTON, v. OLD BEN COAL COMPANY, 933 F.2d 504 (7th Cir. 1991)

. . . . § 718.203(b). . . .

WISNIEWSKI, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 929 F.2d 952 (3d Cir. 1991)

. . . . § 718.203(a). . . . Section 718.203(b) of the regulations provides that a miner with ten or more years of coal mine employment . . . to a rebuttable presumption that his pneumoconiosis arose out of coal mine employment. 20 C.F.R. § 718.203 . . . must establish the causal relationship between their pneumoconiosis and that employment. 20 C.F.R. § 718.203 . . . arose out of that employment only if competent evidence establishes such a relationship. 20 C.F.R. § 718.203 . . .

E. ROBINSON, v. PICKANDS MATHER COMPANY LESLIE COAL COMPANY, 914 F.2d 35 (4th Cir. 1990)

. . . . § 718.203(a). . . . Id. at 825; cf. 20 C.F.R. § 718.203(a) (“to be found eligible for benefits ... the miner’s pneumoconiosis . . .

HAWKINS, v. DIRECTOR, OFFICE OF WORKERS, 907 F.2d 697 (7th Cir. 1990)

. . . . § 718.203. . . . twenty years of coal mine employment and thus qualified for the rebuttable presumption under section 718.203 . . . The court also looked to the requirements of the employment causation standard under section 718.203 . . . claimant must prove that his or her pneumoconiosis arose "at least in part” from mining. 20 C.F.R. § 718.203 . . .

POOLE, v. FREEMAN UNITED COAL MINING COMPANY, FREEMAN UNITED COAL MINING COMPANY, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, J., 897 F.2d 888 (7th Cir. 1990)

. . . then invoked the presumption that Poole’s pneumoconiosis arose out of his coal mine employment under § 718.203 . . . The AU invoked the rebuttable presumption of causation of § 718.203 and concluded that Summers’s pneumoconiosis . . .

C. LOLLAR, v. ALABAMA BY- PRODUCTS CORP. HICKS, v. ALABAMA BY- PRODUCTS CORP., 893 F.2d 1258 (11th Cir. 1990)

. . . reference the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 921(c)). . 20 C.F.R. § 718.203 . . . Under these circumstances, we find that ABC has abandoned the section 718.203(b) issue, and we therefore . . . Furthermore, § 718.203(a) provides that in order to qualify for benefits, a claimant must establish that . . . of the lung ... arising out of coal mine employment,” 20 C.F.R. § 718.201, and yet, in 20 C.F.R. § 718.203 . . . Section 718.203(a) states that “[i]n order for a claimant to be found eligible for benefits under the . . .

BETHENERGY MINES INC. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, C., 890 F.2d 1295 (3d Cir. 1989)

. . . . §§ 718.202, 718.203, 718.204. . . .

E. WENSEL, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 888 F.2d 14 (3d Cir. 1989)

. . . . §§ 718.203(b), 718.302 (1988). . . .

ADAMS, v. DIRECTOR, OWCP,, 886 F.2d 818 (6th Cir. 1989)

. . . . § 718.203(b). This presumption went unrebutted. . . . Mangifest, 826 F.2d 1318, 1320 (3d Cir.1987); 20 C.F.R. §§ 718.2, 718.202, 718.203, 718.204; see also . . . See 20 C.F.R. § 718.403; Mangifest, 826 F.2d at 1320; see also 20 C.F.R. §§ 718.203(b), 718.302-.306 . . . See Mangifest, 826 F.2d at 1320; 20 C.F.R. 718.203. . . . Cf. 20 C.F.R. § 718.203(a). . . .

BONESSA, v. UNITED STATES STEEL CORP. U. S. In, 884 F.2d 726 (3d Cir. 1989)

. . . Next, the AU applied § 718.203(b) which affords to miners who worked ten or more years in the mines a . . . That requirement is made express in § 718.203 and no useful purpose would be served in repeating it in . . .

J. NAPIER, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 890 F.2d 669 (4th Cir. 1989)

. . . . §§ 718.202, 718.203, 718.-204. . . . Section 718.203 sets forth two methods by which a claimant may establish that his pneumoconiosis arose . . . mine, there arises a rebuttable presumption that the pneumoconiosis arose out of such employment. § 718.203 . . . pneumoconiosis arose out of that employment only if competent evidence establishes such a relationship. § 718.203 . . .

MANGUS, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR Co., 882 F.2d 1527 (10th Cir. 1989)

. . . . § 718.203(a) to define the standard for causation between coal mine employment and pneumo-coniosis . . . under 20 C.F.R. § 718.203(c), when the miner worked in coal mines for less than ten years. . . . Both § 718.203 and § 718.204(a) concern causal relationships; § 718.203 pertains to the nexus between . . . (a) to § 718.203(b), in a case in which the miner had worked more than ten years and the operator was . . . attempting to rebut the presumption of causation contained in § 718.203(b). . . .

ZIMMERMAN, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 871 F.2d 564 (6th Cir. 1989)

. . . . § 718.203, the AU answered the first question in the affirmative. . . .

MARX v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, BENEFITS REVIEW BOARD,, 870 F.2d 114 (3d Cir. 1989)

. . . . §§ 718.1(a), 718.203(a) (1988); McClendon v. . . . . § 718.203(a), claimant must show miner’s condition arose "at least in part” from coal mine employment . . . rebuttable presumption that pneumoconiosis arose out of such employment would come into play. 20 C.F.R. § 718.203 . . .