Tuesday, January 22, 2013

How long do I need to keep construction documents?

All contractors need to keep accurate financial and business records for the immediately preceding three years.  The relevant statute is F.S. 489.124(1).  However, keep in mind that the statute of repose on latent defect claims is 10 years and substantive document should be retained for that period in the event of litigation.


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Saturday, January 19, 2013

FRSA's Unlicensed Activity Taskforce

FRSA continues to offer its members a variety of services and has now reinstated the Unlicensed Contractor Taskforce.  For more information, contact FRSA at www.floridaroof.com.


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Tuesday, January 15, 2013

Condominiums and Statute of Limitations

Xavier and Perez v. Leview Boymegreen Marquis Developers, LLC, 37 Fla. L. Weekly D2668a, Case No. 3D11-549, opinion filed on November 21, 2012. Buyers' suit for return of deposit paid to purchase condominium unit was dismissed with prejudice by trial court by reason of the complaint reflecting that the four (4) year statute of limitations had run. In reversing and remanding, the appellate court held that the statute of limitations defense cannot be conclusively established as a matter of fact from the face of the complaint. Under the facts of this case, the developer allegedly made an oral representation until contact execution that the condominium until described the in the sales agreement could be swapped with one having a different view, but attempted to enforce the sale and purchase of the original unit. (from RPPTL Subcommittee).


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Friday, January 4, 2013

Certified Irrigation Specialty Contractor

The Construction Industry Licensing Board proposed to adopt or amend the following rule:
 
61G4-15.035, creating Certified Irrigation Specialty Contractors, with scope of work to start downstream of the backflow preventer (i.e., so as not to adversely affect the potable water supply).



Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Thursday, January 3, 2013

CILB Amended Transportation Project Rule

The Construction Industry Licensing Board proposed to adopt or amend the following rule:
61G4-12.011(8), amending the definition of "Services incidental thereto," regarding the licensure exemption under s. 489.103(1), F. S., for transportation projects.


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602