Violation of Public Policy

McKenzie Check Advance of Florida, LLC, et. al. v. Wendy Betts, et. al., 38 Fla. L. Weekly, Supreme Court of Florida Case No. SC11-514, issued on April 11, 2013: The appellate court's decision in McKenzie v. Betts, 55 So. 3d 615 (Fla. 4^th DCA 2011), finding that in a FDUPTA claim,  a class-action waiver in an arbitration agreement violated public policy, was unanimously quashed based on the U. S. Supreme Court's intervening holding in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011) that such waivers were preempted by the Federal Arbitration Act.
(From RPPTL Subcomittee)

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

Reversal Due to "Apostrophe-Challenged"

Charlyn Bradshaw and Kenneth Bradshaw, her husband v. Boynton-JCP Associates, LTD, d/b/a Boynton Beach Mall and Simon Property Group, Inc., 38 Fla. L. Weekly D823a, Case No. 4D11-4242, issued April 10, 2013: A final judgment awarding attorney's fees pursuant to an offer of judgment  pursuant to s. 768.79, Fla. Statutes (2007) and Fla. R. Civ. P. 1.442, was reversed because it was "apostrophe-challenged" and, thus, ambiguous. Citing State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006), the appellate court stated that the issue is not whether it is "fair or logical to apply the requirements" of the rule, the offer must be sufficiently clear to allow the offeree to make a decision without clarification.
(From RPPTL Subcommittee) 

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

Summary Judgement Reversed Due to Conflicting Testimony

Plantation Key Office Park, LLLP et. al. v. Pass International, Inc., et. al., 38 Fla. L. Weekly D736a, Case No. 4D12-169 and 4D12-199, issued April 3, 2013: Following a fire during construction, owner sued contractor and subcontractors for reformation (as well as breach of contract, negligence and statutory violations). On the issue of reformation, the trial court granted summary judgment against owner on the issue of whether A201 (the general conditions that prohibit consequential damages) was incorporated in the A111 contract signed by the parties. Based on conflicting testimony of the parties on this issue, the summary judgment was reversed based on the trial court's inability to determine credibility of the witnesses at that point. Citing its own decision in the analogous case of Resort of Indian Spring, Inc., v. Indian Spring County Club, Inc., 747 So. 2d 974 (Fla. 4^th DCA 1999), the appellate court found the summary judgment to be improper.
(From RPPTL Subcommittee)

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

Decision Reversed

Marble Unlimited, Inc. v. Weston Real Estate Investment Corporation, 38 Fla. L. Weekly D686b, Case No. 4D11-3113, issued March 27, 2013: Dismissal of contractor's foreclosure of construction lien for failure to served a notice to owner was reversed due to the common identity of the corporate owner (following a transfer of title from one related entity to another) based on Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992). 

(From RPPTL Subcommittee) 

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

OSHA Issues Final Rule to Protect Workers Using Cranes

OSHA issued a final rule that applies the requirements of the August 2010 cranes and derricks in construction standard to demolition work and underground construction. Application of this rule will protect workers from hazards associated with hoisting equipment used during construction activities.

This final rule, which becomes effective May 23, 2013, applies the same crane rules to underground construction and demolition that are already being used by other construction sectors, and streamlines OSHA's standards by eliminating the separate cranes and derricks standard currently used for underground and demolition work. The rule also corrects errors made to the underground construction and demolition standards in the 2010 rule making. 

(From OSHA Newsletter)

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

OSHA Launches Initiative to Protect Temporary Workers

OSHA has announced an initiative to further protect temporary employees from workplace hazards.

A memorandum sent to the agency’s regional administrators directs field inspectors to assess whether employers who use temporary workers are complying with their responsibilities under the Occupational Safety and Health Act. Inspectors will denote when temporary workers are exposed to safety and health violations and assess whether temporary workers received required training in a language and vocabulary they could understand. 

In addition, OSHA has begun working with the American Staffing Association and employers that use staffing agencies, to promote best practices ensuring that temporary workers are protected from job hazards.

In recent months, OSHA has received a series of reports about temporary workers suffering fatal injuries – many during their first days on a job.

Last week, the department's Bureau of Labor Statistics released new data from the Census of Fatal Occupational Injuries about workers killed on the job in 2011. Fatal work injuries involving contractors accounted for 542 – or 12 percent – of the 4,693 fatal work injuries reported. Hispanic/Latino contractors accounted for 28 percent of fatal work injuries among contractors, well above their 16 percent share of the overall fatal work injury total for the year. Additional details are available at http://www.bls.gov/iif/oshwc/cfoi/contractor2011.pdf.

(From OSHA newsletter)

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com

NRCA Releases Statement Regarding Senate Immigration Legislation

NRCA has released a statement commending the "Gang of Eight" senators for developing a bipartisan immigration reform proposal that increases border security; improves enforcement without burdening employers; provides an avenue for workers to enter the U.S. legally when our economy needs them; and addresses the existing illegal work force. 

NRCA looks forward to reviewing the proposed legislation and evaluating its effects on the roofing industry. However, NRCA has serious concerns that the bill in its current form may not resolve key problems plaguing the immigration system. 

To read NRCA's statement, click here.


(From NRCA Newletter)

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

1211 N Franklin St

Tampa, FL 33602

www.trentcotney.com