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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Apollo Architects complete earthquake-resistant house with hat-like roof
The three-storey house is located in Shinjuku ward, an area where theJapanese architects claim you can find "the remnants of the good old days of Tokyo".
Their challenge was to develop a design that responds to the varied local vernacular, but that also has a high resistance to earthquakes – an issue that has become more prevalent since the events of 2011.
The result is a seemingly cube-shaped structure with thick reinforced-concrete walls and a more traditional timber-framed roof.
"The charming appearance of the exposed concrete box topped with a roof resembling a pointed hat catches the eye of passers-by," said studio founder Satoshi Kurosaki.
The building provides a home for a couple in their 50s, as well as the mother of one of the pair – as it replaces the old family house she previously occupied.
The mother occupies the house's semi-sunken ground floor, while the clients have the first and second floors above.
The family living room is located on the uppermost floor, framed by the angled wooden beams of the roof structure overhead.
From this space, residents can look down through large triangular windows onto a triple-height, open-air courtyard that forms the house's entrance.
"One feels a distinct centripetal force in the loft-like small space with a courtyard, which somehow reminds one of a yurt, a dwelling of Mongolian nomads," said Kurosaki.
"The entire roof is lit up by the ambient light, creating a sense of security in such a small space, as if staying under the shelter of a big tree," added the architect.
A children's bedroom is also located on this floor, while the clients' master bedroom and bathroom are located on the middle level, along with a pair of separate study rooms, flanked by walls of storage.
The ground floor takes the form of a studio flat, with a simple living and dining space, separate bathroom and kitchen areas, and a traditional Japanese tatami room.
"Although it appears rather closed from the outside, the interior space has a sense of openness, achieved by providing abundant natural light from the courtyard," added Kurosaki.
Materials are left exposed both inside and outside the building, creating a variety of tones and textures that include smooth concrete, dark metal, walnut floorboards and white-painted walls.
Other details include slender strip windows and a staircase with open risers, to allow light to filter through.
The house was completed in June 2016 and has an overall floor area of 79 square metres.
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