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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Joseph Brant Hospital getting $400,525 for roof, lighting improvements
The city’s main medical facility is getting extra money from the province.
Besides several hundred millions dollars pledged by the Ontario government for its ongoing redevelopment/reconstruction project, it was recently announced that Joseph Brant Hospital would be getting $400,525 this year through the Health Infrastructure Renewal Fund (HIRF).
“Approximately $350,000 will be used to replace several areas of hospital roof sections that have been identified as aged and beyond rated life and most critical to replace,” Mario Joannette, JBH’s vice-president of communications and public affairs, said in an email to the Post.
“Aged modified bitumen roofing will be replaced mainly on level 1, level 2 and level 6 of the existing hospital,” he added.
Joannette said the remaining $50,000 will be used for emergency light and power systems (emergency battery packs) that are to be replaced due to age and inefficiency. There will be upgrades to LEDs, improved lighting, efficiency, bulb and battery life.
The funding for Jo Brant is part of a larger program by the provincial government to provide $175 million in 2016–17 to hospitals across the province — an increase of $50 million over last year — to keep them in a state of good repair.
Across Ontario, 135 hospitals will receive HIRF funding to support crucial infrastructure projects to extend the useful life or improve the quality of their facilities. Projects may include upgrades or replacements to roofs, windows, HVAC systems, fire alarms and back-up generators.
Ontario also plans to invest $12 billion over 10 years in capital grants to hospitals to build modern infrastructure. About 35 major hospital projects are now underway across the province.
Ontario’s healthcare budget has increased from $47.6 billion in 2012–13 to $51.8 billion in 2016–17. “As we undergo the largest transformation in our hospital’s history, including a new seven-storey patient tower, it’s critical that we ensure all areas of our hospital are kept in excellent condition. This additional funding will ensure that patients receive the modern and efficient healthcare services they need and deserve in a setting that is safe, clean and in good repair,” Jo Brant CEO and President Eric Vandewall said in a press release.
The Ontario government has invested $370 million in the Joseph Brant Hospital Redevelopment Project. That’s in addition to $60 million in civic contributions and $60 million raised through a capital fundraising campaign — which has raised $49.6 million so far.
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