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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Green roof plans looking up at 75 Morton school
The new middle school at 75 Morton St. will be getting a green roof as part of the public school’s construction.
In 2013, Community Board 2 passed a resolution supporting the construction of green roofs. In 2014, the 75 Morton Community Alliance — a grassroots group involved with starting up the new school — attended a C.B. 2 public envisioning meeting, at which they presented the idea for a green roof topping the planned middle school, M.S. 297, along with green roofs for four other schools.
Finally, this winter, C.B. 2 submitted grant applications for “Resolution A” funding — school-specific capital-improvement or -enhancement grants — that would enable the School Construction Authority to build the proposed green roofs.
Assemblymember Deborah Glick, Councilmember Corey Johnson and Borough President Gale Brewer allocated a combined $500,000 for the project — $200,000 each from Johnson and Glick and $100,000 from Brewer. “Resolution A” funding is also used for upgrades to schools’ auditoriums, science labs and other infrastructure.
According to Jeannine Kiely, Chairperson of the C.B. 2 Schools and Education Committee, the green roof has not been designed yet, but is in the preliminary stages.
Once the project is fully designed, the S.C.A. can begin construction. Kiely said the project will likely take inspiration from other green roofs, such as ones completed ones at Greenwich Village’s P.S. 41 and the East Village’s Earth School and P.S. 64. The future principal of M.S. 297, Jacqui Getz, is helping to design the roof, Kiely said.
Unfortunately, this new green roof may not be as extensive as these earlier ones, which cost between $1 and $1.8 million apiece, and contain irrigation systems, composting areas, outdoor patios and other aesthetically pleasing design features.
These planted rooftops’ functions are not limited to natural beauty. Children will be able to plant gardens and study plant life during science classes in hands-on exercises. At P.S. 41, the feature is called a Green Roof Environmental Literacy Laboratory, and is used for chemistry, biology and math classes.
M.S. 297, which will open in fall 2017, is one of three schools to receive funding for rooftop construction from Brewer recently.
The B.P. also allocated $100,000 to fund a greenhouse and vertical gardens at City-As-School High School, on Clarkson St., and another $100,000 for a Green Roof at the NYC iSchool, at Sixth Ave. and Broome St.
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