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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KPost Company 2016 scholarship program
KPost Charities giving back to the industry
KPost Company announced their 2016 scholarship program which is part of KPost Charities. An industry-leading commercial roofing and waterproofing contractor and one of the founding members of NRP, KPost provides award winning roofing throughout the Dallas Texas greater metropolitan.
In the past 10 years, KPost has completed high roofing and waterproofing projects including the AT&T Stadium, the Perot Museum of Science and Nature, the Omni Dallas Convention Center Hotel and the Container Store Headquarters and Distribution Center.
KPost Charities was established as a non-profit organization in 2014. KPost Company has always believed that they should “pay it forward”. They have raised monies for Susan B. Komen, Operation Kindness, Easter Seals, TX, collected stuffed animals for children in local area hospitals and awarded over $10,000 in scholarships.
They are thrilled to announce that KPost Charities will again be awarding scholarships of $1,000 each to eligible employees, spouses, children, and grandchildren of roofing contractors.
Applicants must be a high school senior or currently attending a university or trade school. Scholarship money can only be used for post-secondary or trade school certification. Scholarship recipients will be notified, by email, the week of August 15th, 2016.
To apply, candidates must submit a completed application, along with a personal letter of reference, no later than August 8th, 2016 to:
PO BOX 540667
Dallas, Texas 75354-0667.
We look forward to your entries and wish everyone continued success in their desire to pursue higher education!
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
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
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