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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Fort Smith hail storm keeps Building Safety Division busy with roof repair permits
Construction business from the destructive hail storm over two months ago created another $1.99 million in roof repair work last week.
Since the late April hail storm, there have been about 2,500 roof repair permits issued. Valuations have averaged about $2 million each week over the past 12 weeks.
Of the 258 residential building permits issued by Fort Smith Building Safety, 229 were for roof repairs. The total valuation amount permitted last week for residential building was $3.8 million thanks to an $814,220 house set to be built in the 4900 block of Oak Hollow Lane. There is also a $50,000 remodeling job permitted in the 12000 block of Stonechase Drive and two mid-$300,000 houses to be built by Mano Ventures on Southfield Drive and Mill Pond Court.
Steven Almond, plans examiner for Building Safety, said the city department has been able to keep up with issuing the large number of residential building permits for roof repairs over the past two months.
"If they have three or more, we try to get them to email them," Almond said. "Some have had 20 to 30 permit requests."
Roofers with more than three building permit requests have been notified to make building permit requests by email, he said.
Building Safety staff puts the permits in a file and they are issued once payment is received. The residential building permits created $15,393 in revenue to the city last week. A 12-week total at that average put about $180,000 in the city coffers from residential building permits. In addition to the 1.9 million for residential roof repairs, there were six commercial roof repair permits issued last week and one duplex roof repair that added another $98,000 in valuations to the roster last week.
While most of the residential roof repair jobs are in the $3,000 to $7,000 range, some reach into the $10,000 to $20,000 range. The cost for permits ranges from $30 to more than $100 for the larger projects.
About 2,500 roof repair permits have been issued to about two dozen different roofing companies since the first of May. Most of the permits are for houses, but many are also issued for commercial businesses and multi-family housing structures like duplexes and apartment complexes.
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