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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Contractor, supplier teams to restore YMCA roofs
Venture Construction Group of Florida (VCGFL)says it has joined with roofing system manufacturer Mule-Hide Products Co. to provide swift storm damage restoration at the YMCA of the Treasure Coast’s main and SportsWorld branches in Stuart after devastating hail and wind caused severe roof damage.
The Y’s main branch had suffered the most damage, with the 40-year-old roof needing a complete tearoff and replacement. At the SportsWorld facility, significant repairs were required to fix numerous leaks.
VCGFL donated 25 percent of the labor and materials needed to reroof the main branch. VCGFL and Mule-Hide Products joined forces to cover more than 80 percent of the cost of repairing the SportsWorld facility, with VCGFL providing the labor and Mule-Hide Products contributing materials.After learning that the Y’s insurance would cover only a fraction of the cost of the work, VCGFL says it and its supplier stepped in to fill the gap.
“The two locations were in really bad shape,” Venture Construction Group CEO Stephen Shanton said in a statement. “As part of our integral mission to give back to the community, we were happy to help this incredible organization. We had a full crew actively working on the repairs, ensuring that they happened as quickly as possible with little interruption to the Y’s extensive services. We completed the restoration work within two weeks.”
VCGFL says it dedicated a full crew of 20 staff and construction workers, managers and a crew leader to scope, assess and complete the repairs.
During the repair process, VCGFL held a special “Minion Day”, and staff got into character after several children thought the crew were Minions due to the building signage. Getting into the spirit, the crew dressed up as Minions while finishing up the repairs.
“Our experience with Venture Construction Group of Florida has always been positive. They make sure that their job is done not only with integrity and quality, but they also take time to amuse the children attending our facilities,” said John M. Lass, president/CEO of YMCA of the Treasure Coast. “We are extremely honored and happy that they, and Mule-Hide Products, came to our aid when we needed it most.”
YMCA of the Treasure Coast is a cause-driven charitable organization committed to strengthening the community through youth development, healthy living and social responsibility.
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