Friday, May 29, 2015

Cypress Fairway Condominium, etc, et al v. Bergeron Construction Co, Inc., etc, et al, 2015 WL 2129473 (Case No. 5D13-4102, April 7, 2015)

This case interprets the statute of limitation/repose for construction cases which defines the commencement date, in part, as the date of “completion . . . of the contract.”  See §95.11(3)(c), Florida Statutes.  The issue is whether the contract is completed when one party to the contract is complete (and makes a final application for payment) or when both parties to the contract are complete (and final payment is made).  The trial court erroneously held that the limitations period commences when the contract is completed by one party; but the Fifth District Court of Appeal reversed and held that “completion of the contract means completion of performance by both sides of the contract, not merely performance by the contractor.” 


From The Construction Regulation Subcomittee Monthly Report

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Thursday, May 28, 2015

Contract Provision Addresses Use of Permanent Anchors or Other Safety Equipment by Third Parties

This month's contract provision is intended to be used when the scope of work includes installation of permanent anchors or other safety equipment. Because a roofing contractor cannot monitor future use by third parties or enforce a requirement that other trades sign a waiver before using the anchors, a liability disclaimer should be included. This provision imposes upon the owner an obligation to affirmatively require any third persons to inspect and assume the risk of using the equipment, and it requires the owner to indemnify the roofing contractor against claims or damages arising from the use of the equipment by third persons: 


Permanent anchors or other safety equipment: Roofing Contractor may install permanent roof anchors or other fall-protection related equipment (collectively "Anchors") at Owner's building. Anchors are exclusively for Roofing Contractor's use when performing the work called for by this Agreement, and for Roofing Contractor's use in any future servicing of the roof at the building. Should any person or entity other than Roofing Contractor wish to make use of the Anchors, Owner shall require such persons or entities to inspect the Anchors and satisfy themselves as to the suitability of the Anchors, and Owner shall obtain the agreement of such persons or entities that use of the Anchors is strictly at their own risk. To the fullest extent permitted by law, Owner shall indemnify, defend and hold Roofing Contractor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, asserted against Roofing Contractor and arising out of or resulting from use of the Anchors by persons or entities other than Roofing Contractor or from Owner's breach of this provision. It is expressly understood that Roofing Contractor makes no representation and has made no representation to Owner as to the working condition, structure, strength, durability, construction or any other characteristic of the Anchors. Roofing Contractor is not responsible for maintenance, testing or future inspection of the Anchors or use of Anchors by others.


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Wednesday, May 27, 2015

Goya Unveils Solar-Powered $127 Million Corporate HQ

Goya Foods, as part of a 10-year global expansion, has opened a sustainable corporate headquarters in Jersey City, N.J. The space features a distribution warehouse and corporate office space fully powered by solar energy, with 1,200 solar panels on the roof.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Tuesday, May 26, 2015

Workforce Innovation and Opportunity Act Focuses On Worker Training Programs

On April 16, the Department of Labor and Department of Education issued five separate proposed regulations, encompassing more than 2,500 pages, for the purpose of implementing the Workforce Innovation and Opportunity Act (WIOA). This law was enacted by Congress in 2014 and is designed to make worker training programs more effective and efficient. NRCA supported WIOA because it is designed to provide employers with more opportunities to use worker training programs and funding to meet their challenging workforce development needs. NRCA now is working with other construction organizations to analyze the proposed regulations and will be drafting comments aimed at ensuring the regulations provide for increased employer engagement in the workforce development system in an efficient and streamlined manner. NRCA and other coalition members sent a letter to the agencies requesting a 60-day extension to the existing 60-day comment period to provide sufficient time to analyze and develop comments. The goals of the coalition's comments will be to ensure the final regulations maximize the effectiveness of employer-related components of WIOA, the first major reform of federal worker training programs in nearly 20 years.

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Friday, May 22, 2015

Unique, Angled Green Roofs Help Latvia Education Center Stand Out

The Zeimuls Centre of Creative Services of Eastern Latvia features unique, angled green roofs. The education center "fuses planar geometry and green design, drawing inspiration from the local legend of a princess stuck in the ground near the castle," Patrick Sisson writes.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606


Thursday, May 21, 2015

Oregon State University Builds Facility to Improve Construction Worker Safety

To help combat the risk of injury to workers in construction, Knife River Corp., Bismarck, N.D., and MDU Construction Services Group, Bismarck, have partnered with Oregon State University, Corvallis, to develop a facility for improving safety for construction workers and the general public. A $1 million grant from Knife River and MDU will help fund the construction of the facility, which will be named the MDU Resources Group Construction Safety Laboratory.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Wednesday, May 20, 2015

Black Solar Panels Help Melt Snow Faster in Cold Regions

Rooftop solar installations are still an option in cold, snowy areas such as Michigan. Blue Terra Energy designs solar panels for up to 70 pounds of snow load, said owner David Camps. Additionally, using black panels helps melt the snow faster.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Tuesday, May 19, 2015

DaVinci Roofscapes Uses Polymer Scrap to Make Starter Shingles

DaVinci Roofscapes makes starter shingles from recycled polymer scrap, using about 300,000 pounds of the material each year. "Every roofing tile we create is 100 percent recyclable, so we are able to reuse every pound of scrap that comes off our production line into our roofing material's starter shingles," said Bryan Ward, vice president of operations. DaVinci pays the shipping for returned scrap plastic within a 500-mile radius and accepts expired tiles for recycling.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Monday, May 18, 2015

NRCA University Offers Free Webinar for Members

NRCA University will offer NRCA University Webinar: Leadership and Management: What's the Difference? May 21 at noon CST. NRCA's leadership classes are based on the concept that leadership and management are intrinsically different yet equally important. During this one-hour webinar, you will learn how to maximize the effects of your leadership efforts, as well as some important tools to help you lead your company. The webinar is free for members and $55 for nonmembers.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Friday, May 15, 2015

Green Roofs Taking Off in U.S.

Green roofs, long used in Europe, are now seeing greater use on U.S. apartment complexes, shopping centers and office buildings. These roofs increasingly serve double duty as parks, cafes and athletic fields. They also last longer than traditional roofs, with an average 50-year lifespan.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Thursday, May 14, 2015

Japanese House Features Several Sloping Roof Canopies

Japan's "T House" features several sloping roof canopies above rectangular structures. The open-floor, double-height plan encloses a courtyard that provides most of the light.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Wednesday, May 13, 2015

220-Year-Old Cabin Struggling under Decaying Roof

The Osterhout log cabin in Scarborough, Toronto, needs extensive roof work or it may not survive, this piece states. Built in 1795, it is the oldest building in the city. The roof, which has several holes, features cedar shingles.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Tuesday, May 12, 2015

Fenway Farms is Largest Rooftop Garden in MLB

Boston's Fenway Park now boasts a 5,000-square-foot rooftop garden called Fenway Farms. The rooftop garden, MLB's largest, will feature rotating vegetables and herbs, will produce up to 4,000 pounds of produce each year and will improve insulation.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Monday, May 11, 2015

Vikings Stadium to get Snow Melt System for Roof

The Minnesota Vikings' new stadium will get a snow melt system to capture snow from the roof in basins and then melt it. The roof is pitched, which will allow snow to slide into the basins alongside the perimeter. Designed by Uponor North America, the basins will contain mats of embedded plastic pipe that carry a mixture of glycol and heatable water.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Friday, May 8, 2015

Angled, Elevated Roof Maximizes Ocean View from Coastal Home

The designers of a Chilean coastal home opted for an angled roof, with the elevated side facing the sea to maximize ocean views. The roof uses composite timber beams that taper at both ends to create a wing-like look.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Thursday, May 7, 2015

NRCA University Offers CERTA Classes

NRCA University will offer CERTA Train-the-trainer Authorization May 28 and CERTA Train-the-trainer Reauthorization May 29 at the Holiday Inn and Suites Chicago O'Hare, Rosemont, Ill. With CERTA Train-the-trainer Authorization, participants can earn continuing education units by learning about new industry best practices for torch-applied polymer-modified bitumen roof systems and gaining the teaching skills needed to train others regarding torch safety. CERTA Train-the-trainer Reauthorization allows authorized CERTA trainers to renew their accreditations, which need to be renewed every three years.

From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Wednesday, May 6, 2015

More Roofs in Philadelphia Going Green

Roofs in Philadelphia are getting greener as more owners of hospitals, offices and residences add soil and greenery to structures. A total of 111 green roofs, or about 25 acres' worth, are in place throughout the city, and another 64 are planned. Meanwhile, researchers at Villanova University are studying drainage scenarios and have found that "green roofs often have more storage capacity than we are taking advantage of," according to Bridget Wadzuk, associate professor of civil and environmental engineering at the school.


From NRCA

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606