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Showing posts from June, 2013

An Arbitration Clause

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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 www.trentcotney.com

Owner Counterclaimed for Damages

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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 www.trentcotney.com

Reversed and Remanded

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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 www.trentcotney.com

Condominium Association sued Contractors and Subcontractors

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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. Cotne…

FRSA Convention and Trade Show Weeks Away

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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…

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

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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 anew 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 anew guide(PDF*) on how to launch a local initiative. TheCPWR websitehas a number of campaign resources including an interactive fatalit…

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

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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-per…

RCMA Issues a Call for Abstracts

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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 actua…

Green Roofs for Healthy Cities Launches Contest

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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 (maxi…

NRCA issues Action Alert

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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 www.trentcotney.com

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            …

Governor Scott Signs ABC Bill

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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 www.trentcotne…

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

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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 from7 to 8 a.m. EDTto 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, visitwww.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.…

The RCASF General Membership Meeting is Coming Up

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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 www.trentcotney.com

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

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OSHA held a meeting of the Federal Advisory Council on Occupational Safety and Health from1 – 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 thenews releasefor more details.
OSHA has also scheduled a meeting of the National Advisory Committee on Occupational Safety and Health from1 - 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, Natio…

April Contracts Decrease 1 Percent

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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-…

OSHA will Propose to Extend Crane Operator Certification Compliance Date

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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.

O…

Samaritan's Purse Responds to Tornado Damage in Oklahoma

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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 …

Seminar on Crisis Management in Construction

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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 www.trentcotney.com