Friday, June 28, 2013

An Arbitration Clause

Ira Marcus v. Florida Bagels, LLC, Arsenal Holdings, LLC and Egg Ventures, LLC, 38 Fla. L. Weekly D896b, Case No. 4D12-2971, issued April 24, 2013:  Trial court's order denying a non-signatory's motion to compel arbitration was affirmed where the contracting parties had repudiated their contractual rights to arbitrate and elected instead to litigate. While discussing the circumstances in which a non-signatory to a contract containing an arbitration clause was allowed to compel arbitration under the doctrine of equitable estoppel where the other parties were already involved in arbitration proceedings, here the non-signatory was not allowed to avail himself of the arbitration provision where the parties to the contract had not proceeded with arbitration.


(From RPPTL Subcommittee) 

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

Thursday, June 27, 2013

Owner Counterclaimed for Damages

John Kehoe v. Christine Garemore, 38 Fla. L. Weekly D1043b, Case No. 5D12-1871 and Case No. 5D12-2445, issued on May 10, 2013: Lessee sought quantum meruit against property owner for compensation for improvements made, and owner counterclaimed for damages arising from defective construction. While overturning post judgment motions for attorney fees in favor of property owner, appellate court affirmed the jury award based on owner's failure to object to a purportedly erroneous jury instruction.


(From RPPTL Subcommittee) 


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

Wednesday, June 26, 2013

Reversed and Remanded

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc., 38 Fla. L. Weekly D917a, Case No. 2D11-6009, filed April 24, 2013: New College sued contractor and plumbing subcontractor for damages from dormitory construction defects, but settled with subcontractor. Contractor cross-claimed against subcontractor for indemnification, and settled with New College. The trial court granted summary judgment in favor of the subcontractor, based on the subcontractor's settlement with New College and subcontractor's claim that section 725.06 barred the contractor's claim of indemnification. The summary judgment was reversed and remanded based on questions of fact regarding contractor and subcontractor responsibility for the defects, and section 725.06 was found not to apply by its terms to the contractor's indemnification.

(From RPPTL Subcommittee) 


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

Tuesday, June 25, 2013

Condominium Association sued Contractors and Subcontractors

Central Park LV Condominium Association, Inc. v. Summit Constructors, Inc., et. al. , Case No. 2010-CA-015748-) (Orange County Circuit Court), Order entered on May 24, 2013: Plaintiff condominium association, on behalf of unit owners, sued contractor and subcontractors for negligent construction. Defendants filed affirmative defenses that the "economic loss rule" barred the negligent claim, which plaintiff contends did not apply absence a contractual relationship (privity) between the parties. On competing Motions for Summary Judgment, trial court (Honorable A. Thomas Mihok) applied Tiara Condominium Association, Inc.  v. Marsh & McLennan Companies, Inc.,, 110 So. 3d 399 (Fla. 2013) to find for defendants since the "economic loss rule" precludes a tort claim where the only damages suffered are to the products (units) themselves.
NOTE: This decision is not final, pending any motion for reconsideration, and possible appeal.


(From RPPTL Subcommittee) 


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

Monday, June 24, 2013

FRSA Convention and Trade Show Weeks Away

FRSA’s 91st Annual Convention and the Florida Roofing and Sheet Metal Expo are just weeks away, July 18-20 in Orlando. If you haven’t made plans to attend the re-energized and reformatted events, you still have time.
            The Convention events have been consolidated into three days and include the educational programs, sporting events and the social events - the Open House Reception on Thursday night, the Friday Business Luncheon, the S.T.A.R. Awards and Officer Installation Dinner on Friday night and the “White-Out” Party on Saturday night.
            The Trade Show is now a two day event, Friday and Saturday, with 11.5 hours of show time. The show also includes two Live Demo areas where exhibitors will profile their new products and services.
            This year’s focus is on education, training and technology and we are offering 34 hours of continuing education (CE) credit hours with 19 different courses. Of special interest is the Fifth Edition Florida High Wind Concrete and Clay Tile Installation Manual course, which outlines the new changes to roof tile installation. The Fifth Edition is a Reference Standard in the 2013 Florida Building Code, due out in March of 2014. If you install tile, you’ll want to make sure you attend this seminar. In addition to the mandatory hours the State requires, there are “business essential” courses which are product-specific and do not carry CE credit.         
The Rosen Shingle Creek Resort is the host hotel and FRSA has a room block with a special room rate of $139++ for a single or double room. Our room block is currently 74 percent filled and is scheduled to be released on Friday, June 14. If you haven’t made your reservations yet, please do so as soon as possible. Once the block is sold out, there are no additional rooms available and overflow hotels will need to be secured. Click on the following links for: convention brochure,individual ticket registration formsports registration form and Rosen hotel reservation form. If you have questions or need additional information, please call Janette at 800-767-3772 ext. 100.



(From the FRSA Roof Flash)


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

Friday, June 21, 2013

Join the Campaign to Prevent Fatal Falls in Construction: New Outreach Resources Available

Falls are the leading cause of death in construction, accounting for one third of all work-related deaths in the industry. To stop these preventable tragedies, OSHA has partnered with the National Institute for Occupational Safety and Health and the Center for Construction Research and Training, kicking off a second year of the Campaign to Prevent Fatal Falls.

In a new blog post, OSHA Director of Construction Jim Maddux discusses the human and economic costs of falls, encouraging local employers, stakeholders and community and faith-based organizations to join the campaign to prevent falls. As he explains, "We know that the real difference to be made is in the communities where workers are getting hurt, and we can't do that alone."


To assist stakeholders in promoting the campaign and reducing fatal falls in their local areas, CPWR also has a new guide(PDF*) on how to launch a local initiative. The CPWR website has a number of campaign resources including an interactive fatality map, training guides and handouts, as well as information on how to sign on as a campaign partner. To learn more about OSHA's Fall Prevention campaign, visit www.osha.gov/stopfalls, and order or download fact sheets, posters, and other educational materials—including a new wallet card in Portuguese—by calling OSHA's Office of Communications at 202-693-1999 or visiting OSHA's Publications page.

(From OSHA)


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

Thursday, June 20, 2013

FBC Roofing TAC Waiting to Hear from FRSA Contractors about Fastener Corrosion Issues

FRSA has a great opportunity to drive this issue and we need your help to make it happen.

On May 23, Mark Zehnal, CPRC, testified to the Florida Building Commission Roofing TAC about fastener corrosion issues that he has received from contractors throughout the State over the past year. As a result of the testimony, a motion was approved for further investigation and public comment on the corrosion of roof fasteners at the next Roofing TAC meeting. FRSA has the opportunity to provide facts on the issue at this three-hour meeting scheduled for Thursday morning, August 22 at the Boca Raton Marriott. During the May 23 meeting, Mo Madani emphasized his hope that FRSA would be able to contribute empirical data from its member contractors to the Roofing TAC to help it better understand how to move forward on this issue.

To be effective, we need factual evidence including photographs, documentation from customers, building departments, testing facilities, etc. regarding the performance/non-performance of fasteners’ corrosion resistance. It is critical to have evidence to back up any testimony. By providing this information to the Florida Building Commission, FRSA places itself in the position of being able to recommend possible action in the future.

If you have DOCUMENTATION available that you can forward to Mark, please send the information to mark@floridaroof.com or mail it to Mark at FRSA, PO Box 4850, Winter Park, FL 32793. We would like the information prior to June 30, 2013. It is our hope that we can work with each FRSA Affiliate to address this issue as an industry.


(From the FRSA)


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

Wednesday, June 19, 2013

RCMA Issues a Call for Abstracts

The Roof Coatings Manufacturers Association (RCMA) has issued a call for abstracts for the RCMA 2014 International Roof Coatings Conference. RCMA has partnered with Oak Ridge National Laboratory, Oak Ridge, Tenn., and the Canadian Paint and Coatings Association to hold the conference July 14-17, 2014, in Baltimore.

RCMA is seeking submissions from roofing professionals, experts in building envelope technologies, green building professionals, researchers and the architectural community. You can submit a paper detailing original research, innovative technology, or exploration of professional concepts or issues, or an instructive session regarding an issue important to the roof coatings industry.

Topics may include product application techniques, technologies and trends; design and selection of roof coatings for different situations, including case studies; green building practices, sustainable and renewable resources to ensure environmental responsibility; and field data regarding actual energy cost savings by using cool roofs, among other topics.

The deadline for submissions is Aug. 1. For more information or to complete a submission form, 
click here.


(From NRCA Newsletter)



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

Tuesday, June 18, 2013

Green Roofs for Healthy Cities Launches Contest

Green Roofs for Healthy Cities (GRHC) has launched The Great Community Resiliency Project Contest.

In 2012, the U.S. experienced 11 extreme weather-related disasters, each causing in excess of $1 billion in damages. Recently, Hurricane Sandy pummeled the U.S., and the economic effect likely will top $60 billion.

GRHC is seeking submissions of ideas of how living architecture can create more resilient communities in the face of climate change, resource shortages, natural disasters and environmental degradation.

The top picks will be published in the Winter 2013/2014 issue of Living Architecture Monitor magazine. They also will be published on GRHC's Facebook and Pinterest pages, where people will vote on the ideas. The person with the most votes will win a delegate pass to CitiesAlive: 11th Annual Green Roof & Wall Conference in San Francisco Oct. 23-26.

Please submit your ideas in one of the following formats: editorial (maximum 75 words); video (maximum 1 minute); audio (maximum 1 minute); or one drawing or photo (high-resolution) with caption. Submissions must be sent to Jennifer Foden Wilson, editor of Living Architecture Monitor magazine, at 
jfodenwilson@greenroofs.org by Aug. 28.



(From NRCA Newsletter)


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

Monday, June 17, 2013

NRCA issues Action Alert

The chairmen of the congressional tax committees, Rep. Dave Camp (R-Mich.) and Sen. Max Baucus (D-Mont.), have teamed up to launch TaxReform.gov, a new website dedicated to obtaining input from the American public regarding tax reform.

NRCA has been working with members of Congress in support of tax reform and has submitted recommendations to lower and simplify taxes. However, NRCA needs your help in supporting the roofing industry's priorities for tax reform and urges you to use the new website.

TaxReform.gov will allow you to comment about what you would like to see in tax reform. You also can use Twitter to tweet your comments to@simplertaxes.

NRCA has posted an Action Alert asking all members to use 
TaxReform.gov to share their stories. To view the Action Alert, click here.


(From NRCA Newsletter)


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

Friday, June 14, 2013

IRS Celebrates Small Business Week with FREE Webinars

IRS is celebrating Small Business Week by offering two FREE webinars. They are as follows:

1) Small Business Owners: Get All the Tax Benefits You Deserve - Tues., June 18, 2013 
2 pm (ET) – What’s covered:
             Learn about business expenses and deductions
             What is a business depreciation deduction?
             Find out which business tax credits are available for your business
             Get the latest facts about the American Taxpayer Relief Act
             What are the qualifications for the Earned Income Credit?
             Broadcast will include a live Q&A session
            Click on the following link to register, www.visualwebcaster.com/IRS/94208/reg.asp?id=94208

 2) Avoid the Top Tax Mistakes that Small Businesses Make – Thurs., June 20,2013 
            2 pm (ET)  -  What’s covered:
             Tips to avoid common mistakes with your business taxes
             Good recordkeeping strategies
             What is reportable income
             How to carefully choose a tax preparer
             Helpful Tax Information Resources
             Broadcast will include a live Q&A session
            Click on the following link to register, www.visualwebcaster.com/IRS/94230/reg.asp?id=94230

(From the FRSA Roof Flash)



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

Thursday, June 13, 2013

Governor Scott Signs ABC Bill

Governor Rick Scott just signed ABC's Workplace Security Bill (HB 21/Rep. Perry and Sen. Grimsley) into law.

This bill changes the security clearance process for non-instructional workers on school grounds.  Currently, all workers need to go through the security clearance process and secure a badge in every school district where they do business.  While the clearance process is the same, the 67 different districts have 67 different clearance badges and charge 67 different fees for their specific badges.  This bill changes that.

Now, there will be one, statewide badge at one statewide cost.  When a worker secures his badge in school district A he will not have to secure a new badge in school district B.  The new law streamlines and improves the clearance process and will save the industry hundreds of thousands in unnecessary fees.


(From ABC Government Affairs)


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

Wednesday, June 12, 2013

OSHA Safety Stand-down at Southeast Construction Work Sites Kicks off OSHA's Campaign to Prevent Heat-related Injuries

Construction jobsites employers throughout Florida, Georgia, Alabama, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, will participate in the Georgia Associated General Contractors' Safety Stand Down to raise awareness of job-related heat illnesses. This program was developed with the full support of OSHA. These worksites will conduct a one-hour safety stand-down at construction sites and workplaces on Tuesday, June 4, to raise awareness about the dangers of working in the summer heat. Workers will voluntarily stop work from 7 to 8 a.m. EDT to conduct safety training focused on the symptoms of heat-related illnesses and preventive steps to take while working in the hot weather. To register for the event in Florida, visit www.safe305.com/Download.html


Each year, thousands of outdoor workers experience serious illnesses such as heat exhaustion. In 2011, the Bureau of Labor Statistics reported that 4,420 workers experienced heat-related illness and 61 workers died. Although outdoor workers in a variety of industries are susceptible to heat illness, those in construction and agriculture are the most vulnerable.

In preparation for the summer season, OSHA has developed heat illness educational materials in English and Spanish, a curriculum for workplace training, and a free smart phone app that allows users to calculate the Heat Index for their location and provides reminders about what to do to prevent heat illness.

For information and resources on heat illness, visit OSHA's Heat Illness Prevention page. To order quantities of OSHA's heat illness educational materials in English or Spanish, call OSHA's Office of Communications at (202) 693-1999 or email Meilinger.Francis2@dol.gov.

(From OSHA)


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

Tuesday, June 11, 2013

The RCASF General Membership Meeting is Coming Up

The Roofing Contractors Association of South Florida will be holding its General Membership meeting on Wednesday, June 19th 2013.  There will be a cocktail hour from 5-6 pm followed by a dinner and presentation from 6-8 pm.  The cost for the event will be $35.00 per person in advance and will be located at the Sheraton Ft. Lauderdale Airport/ Sea Port Hotel.  The registration deadline is June 14th.


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

Monday, June 10, 2013

OSHA Schedules Meetings of its Federal and National Safety and Health Advisory Committees

OSHA held a meeting of the Federal Advisory Council on Occupational Safety and Health from 1 – 4:30 p.m. EDT, June 6, 2013, in Washington, D.C. FACOSH advises the secretary of labor on all matters relating to the occupational safety and health of federal employees. The tentative agenda includes a discussion on an OPM status report regarding changes to the GS-0018, Safety and Occupational Health Management job series and updates from FACOSH subcommittees. See the news release for more details.

OSHA has also scheduled a meeting of the National Advisory Committee on Occupational Safety and Health from 1 - 5 p.m. EDT, June 11, 2013, in Washington, D.C. NACOSH advises the secretaries of labor and health and human services on occupational safety and health programs and policies. The meeting will focus on protecting temporary workers. The tentative agenda includes remarks from Dr. David Michaels, assistant secretary of labor for occupational safety and health, and Dr. John Howard, director, National Institute for Occupational Safety and Health and public comments. Read the news release for more information. Both meetings are open to the public.


(From OSHA)

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

Friday, June 7, 2013

April Contracts Decrease 1 Percent

McGraw-Hill Construction, a division of The McGraw-Hill Cos., New York, has reported construction starts decreased 1 percent in April. Total construction starts in April were down 5 percent compared with April 2012.

"Total construction starts during the early months of 2013 have been able to stay close to last year's average pace, but the moderate upward trend that was present last year has yet to resume," says Robert A. Murray, vice president of economic affairs for McGraw-Hill Construction. "The housing market for the most part has maintained its recent strength, even with a slight pause in April, but new electric utility starts have slowed significantly from last year's record volume.

"The boost that had been expected to come in 2013 from nonresidential building is at best only beginning to take hold, as the pickup in April followed weak activity in February and March," he continues. "One relative bright spot so far in 2013 has been a stronger-than-expected amount of public works construction, although its April downturn may well be a sign of diminished activity to come."

Nonresidential building construction grew 6 percent in April. In the commercial category, office construction surged 58 percent; store construction increased 5 percent; hotel construction dropped 9 percent; warehouse construction fell 11 percent; and manufacturing plant construction plunged 49 percent. In the institutional category, transportation terminal construction jumped 238 percent; health care facility construction climbed 48 percent; amusement-related construction grew 6 percent; public buildings decreased 17 percent; educational building construction fell 19 percent; and churches dropped 27 percent.

Residential building construction fell 1 percent in April. Single-family housing decreased 1 percent, and multifamily construction dropped 2 percent.

Nonbuilding construction fell 7 percent in April.

During the 12 months ending in April, nonresidential building decreased 8 percent compared with the 12 months ending April 2012. Residential building was up 33 percent, and nonbuilding construction decreased 33 percent. By geographic region, the Northeast increased 12 percent; South Central grew 10 percent; West grew 6 percent; Midwest decreased 1 percent; and South Atlantic fell 31 percent. 


(From NRCA Newsletter)

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

Thursday, June 6, 2013

OSHA will Propose to Extend Crane Operator Certification Compliance Date

The Occupational Safety and Health Administration (OSHA) has announced it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. The proposal also would extend to the same date the existing phase-in requirement that employers ensure their operators are qualified to operate the equipment.

OSHA issued a final standard on requirements for cranes and derricks in construction work Aug. 9, 2010. The standard requires crane operators on construction sites to meet one of four qualification and/or certification options by Nov. 10, 2014. After OSHA issued the standard, various parties raised concerns about the qualification and certification requirements.

OSHA is considering addressing these concerns through a later separate rulemaking. The agency will propose to extend the compliance date so the qualification and certification requirements do not take effect during potential rulemaking or disrupt the construction industry.

OSHA held three stakeholder meetings in April regarding operator certification and qualification issues and posted detailed notes of the meetings; to view the notes, 
click here.

The agency also plans to post a list of frequently asked questions on its Cranes and Derricks in Construction Web page to provide additional clarification and address some comments and concerns raised by stakeholders. To view the Web page, 
click here.


(From NRCA Newsletter)


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

Wednesday, June 5, 2013

Samaritan's Purse Responds to Tornado Damage in Oklahoma

NRCA charity partner Samaritan's Purse is responding to vicious tornadoes that hit the Oklahoma City area May 19 and 20. Staff members are on the ground in the devastated areas, and more are on their way. Disaster Relief Units are being deployed from the organization's North Carolina headquarters.

On May 19, a large tornado hit Shawnee, Okla., southeast of Oklahoma City, killing at least one person and flattening homes. A tornado estimated to be at least 2 miles wide pounded the Oklahoma City suburb of Moore May 20, tossing homes in the air and leveling businesses and schools. The EF-4 tornado stayed on the ground for 40 minutes. At least 24 people were killed, and more than 200 were injured.

Samaritan's Purse also is helping in Hood County, Texas, where as many as 10 tornadoes killed six people and injured 100 May 15. Samaritan's Purse deployed a Disaster Relief Unit May 16, and volunteer teams are on the ground working.

For more information about the Samaritan's Purse disaster relief efforts in Oklahoma and Texas, 
click here. If you would like to offer a donation, click here.


(From NRCA Newsletter)


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

Tuesday, June 4, 2013

Seminar on Crisis Management in Construction

Trent Cotney, PA will be giving a seminar on Friday, July 19th 2013 as a part of the FRSA 91st Annual Convention and Trade Show.  The seminar will cover crisis management in construction.  This course will provide contractors and subcontractors with an overview of crisis management in construction including addressing serious injuries and fatalities, disaster preparedness, theft and vandalism, license and identity theft, litigation and other crisis events.  The seminar will focus on crisis prevention including training, security protocols, and fraud prevention, as well as the components of a successful crisis management team.  This seminar will be from 10:00 – 11:00 am and will count for 1.0 hour C.E. credit.

(From FRSA)


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