An educational blog devoted to Florida contruction law topics by Florida Bar Board Certified Construction Lawyer, Trenton "Trent" Cotney. Please visit www.trentcotney.com for more information. Disclaimer below.
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Construction begins on Tippecanoe Co. Courthouse roof
TIPPECANOE COUNTY, Ind. (WLFI) — More changes are coming to the Tippecanoe County Courthouse, but these are happening on the outside of the building.
Some may have noticed scaffolds around the building. That’s so workers can start replacing and repainting the roof.
Due to construction, parking on the Main Street side of the courthouse is blocked off. People are asked to park on the other sides of the building or in the county parking garages.
Commissioner Dave Byers is excited to see progress on the roof. He knows how important the structure is to the community.
“It’s our baby, it’s the queen mum of the community,” Byers said. “All of us look to it as, you know, a lot of bad stuff happens in that courthouse, a lot of good stuff happens in that courthouse. It’s something that we really have to take care of.”
He said he is excited for construction to begin because it’s been a longtime coming.
“Hopefully, this is the last project for the courthouse for a long time cause we have done the point tucking,” Byers said. “We have worked on the windows, we have worked on the other areas throughout the courthouse. So this should be, we hope, the last of anything exterior.”
Byers said some events may change or be canceled due to the construction, such as the annual Christmas lights on the dome.
The elements necessary to state a cause of action for fraud in the inducement are 1) a false statement concerning a material fact, 2) knowledge by the person making the statement that the representation is false, 3) intent by the person making the statement that the representation will induce another to act upon it, and 4) reliance on the representation to the injury of the other party. Mettler, Inc. v. Ellen Tracy, Inc., 648 So.2d 253 (Fla. 2d DCA 1994). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com
A claim for unjust enrichment may be brought against a contractor or owner as an equitable claim to address unexecuted change orders. As the Court stated in Della Ratta v. Della Ratta, 927 So.2d 1055 (Fla. 4th DCA 2006), "to state a claim for unjust enrichment, a plaintiff must plead the following elements:1) the plaintiff has conferred a benefit on the defendant;2) the defendant has knowledge of the benefit;3) the defendant has accepted or retained the benefit conferred;and 4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it." Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333http://www.glennrasmussen.com
Butler v. Yusem, 44 So.3d 102 (Fla. 2010): "there are four elements to fraudulent misrepresentation: (1) a false statement concerning a material fact; (2) the representor's knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the representation."
Trenton H. Cotney Board Certified in Construction LawTrent Cotney, P.A.1207 N Franklin St, Ste 222Tampa, FL 33602(813) 579-3278www.trentcotney.com