Monday, October 29, 2012

Product Liability and Component Parts

Union Carbide Corporation v. William P. Aubin, 37 Fla. L. Weekly D2018c, Case No. 3D10-1982, filed August 22, 2012. While declining to certify a direct conflict with the 4th DCA, reversed in part and remanded based on trial court’s error in denying the manufacturer’s Motion for Directed Verdict with respect to a product design defect by relying on the Second Restatement of Torts, rather than the “component parts” standard in Section 2 of the Third Restatement of Torts, as applied in Kohler Company v. Marcotte, 907 So. 2d 596 (Fla. 3d DCA 2005). This later standard of the governing law for products liability claims applies to the manufacturer’s duty to warn end-users of a finished product produced by another company but containing the manufacturer’s product; in this case, Union Carbide produced SG-210 Calidria, a grade of asbestos, for incorporation by others in joint compounds and texture sprays. (from RPPTL subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Monday, October 22, 2012

Notice and Useless Gesture

Defense to failure to give proper notice:  "If the breach was so grave as to be irreparable and incurable, the giving of notice would be a useless gesture."  Leghorn v. Wieland, 289 So.2d 745, 748 (Fla. 2d DCA 1974).




Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Wednesday, October 17, 2012

Ambiguous Arbitration Provision Upheld

C. C. Borden Construction, Inc. and Fidelity and Deposit Company of Maryland v. Walding Company, 37 Fla. L. Weekly D1991a, Case No. 1D12-1744, filed August 21, 2012. Even though contract arbitration provision was ambiguous, trial court’s denial of insurer’s Motion to Compel was reversed in part and remanded for entry of an order granting the motion. (from RPPTL Subcommittee).


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Tuesday, October 9, 2012

Sign Requirement on Trucks

Section 489.119, Florida Statutes states:

If a vehicle bears the name of a contractor or business organization, or any text or artwork which would lead a reasonable person to believe that the vehicle is used for contracting, the registration or certification number of the contractor must be conspicuously and legibly displayed with the name, text, or artwork. Local governments may also require that locally licensed contractors must also display their certificate of competency or license numbers. Nothing in this paragraph shall be construed to create a mandatory vehicle signage requirement.




Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Monday, October 8, 2012

Licensee and Standing to Appeal

Robert Petito v. Construction Industry Licensing Board, 37 Fla. L. Weekly D1980a, Case No. 1D11-5597, filed August 17, 2012. Appeal by contractor was dismissed for lack of standing since the licensee was not subject to any further discipline by the board to date. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Wednesday, October 3, 2012

International Building Code Threatens Florida Code

Florida's Association of Roofing Professionals cautions that Florida residents could face property insurance rate hikes if existing building codes are replaced by a generic "International Building Code". Florida Building Commission committees are considering requests to preserve existing code this week.
Florida Building Commission (FBC) committees begin meeting this week to consider requests to preserve Florida-specific building regulations for the 2013 code cycle. Without approval by the Commission, the codes will disappear in favor of a generic, international code that will likely result in less protection and higher property insurance rates for Florida residents.
Mark Zehnal, CPRC, the Director of Technical Services for FRSA, submitted more than 200 requests this summer hoping to preserve the current code on behalf of Floridians. “FRSA is taking a stand, not just for the contractors but for the people of the State,” Zehnal says.
Legislation introduced since the 2010 Florida Building Code cycle takes a first step toward replacing the Florida Building Code with a generic International Building Code developed by the non-regulatory International Code Council (ICC). The one-size-fits-all code fails to account for the unique high humidity, high wind, rain and large coastal areas of the State around which the Florida Building Code was developed in the decades following Hurricane Andrew. This effort is spearheaded by the Building Officials Association of Florida, and it could result in a financial windfall for ICC – an organization with no obligation to Florida’s residents.
If the Florida Building Commission fails to muster the three-fourths “super majority” required to preserve the current code, Floridians will not only have to face living and working in buildings constructed under less protective codes, they will also face higher property insurance rates as insurance companies assume the risks of insuring those structures.
FRSA (http://www.floridaroof.com), the largest regional roofing association in the country, has contributed countless volunteer hours to the development and revision of roofing-related provisions of the Florida Building Code designed to preserve the health, safety and welfare of Florida residents. For more information about this issue or FRSA, contact John Hellein at john (at) floridaroof (dot) com or (407) 671-3772 ext. 127