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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County courthouse roof project coming along
CLINTON — At the Clinton County Board of Supervisors meeting Monday, city Building Maintenance Manager Corey Johnson gave attendees an update on the roofing project currently happening at the county’s courthouse.
Project specifications for the building, situated on North Second Street, were announced earlier in the year, and Johnson expects the project to be completed in the near future.
“The courthouse project is going really well,” Johnson said. “The shingles are supposed to be in to us this (Monday) afternoon. The whole roof has been stripped off, with all the new underlayments on and the block paper is all on as well.”
Once the shingles are laid, a process which Johnson said will begin later in the week, the project will be all but completed. The laying process is expected to take roughly two-and-a-half weeks.
Board Chairman Dan Srp said they’ve received very helpful comments from the area’s historical preservation community concerned about the historical integrity of the courthouse and new law center complex.
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
Which health and safety
violations occur most often on the job site today? With construction accounting
for one in five workplace deaths in 2014, higher penalty payouts in place and
new rules for tracking and recording violations looming, we asked the Occupational
Safety and Health Administration which rules are broken most often on
construction-related projects. As it turns out, the
worst offenses have largely stayed the same over
time. It should come as little surprise that fall-protection mishaps top
the list. With more than 20,000 incidents reported in the last four years, it
remains the leading cause of death in
construction. Following close behind are faulty ladders and
inefficient eye and face and head protection. This summer, OSHA
announce its interim rule raising maximum civil penalties by
78% to meet the requirements of a federally mandated increase
designed to ensure that the fines reflect inflation. The rule went into effect
on Aug. 1, bumping the maximum fee for serious vio…