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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Rogers Roofing: Taking pride in a personal approach
A family business, Rogers Roofing began serving homeowners’ needs in 1968.
“My father, John S. Rogers, was a Chicago fireman. He started the business with three men and a truck and ran the business from our home,” says John M. Rogers, who worked alongside his dad learning the roofing trade first-hand.
When he graduated from Illinois State University with a degree in economics, Rogers says he didn’t plan to be in the roofing business.
“But I have a great career, working with wonderful people,” he says.
Growing the business included locating to 4540 Wabash Avenue in 1991. Today Rogers Roofing employs a staff of 48 who handle sales and field work.
“We specialize in roofing, siding, windows and gutters—everything on the outside of the house,” says Rogers. “We take a personal approach and understand the customers’ problems, then diagnose an acceptable solution. We take pride in that.”
Rogers Roofing employees “become part of our family through financial growth, job security and pride in workmanship,” he says.
Customers call Rogers Roofing when they notice “red flags” such as roof shingles missing after a storm, a stain on a ceiling, siding coming off or a gutter detaching, he says. Those initial issues can signal minor or major problems.
Rogers Roofing maintains a warehouse where some of the materials needed for specific projects are delivered. Suppliers also deliver directly to the job site, he says. “We service the Chicagoland area, Northwest Indiana and Southwest Michigan.”
A third generation of the family recently joined the company’s ranks. “My oldest son, Michael, is learning the business and how to service the customers,” he says.
Learning from others drives him and his business, according to John Rogers. Recently he attended a conference in Detroit where major contractors from all over the nation gathered.
“I wanted to learn from them how they expand their businesses,” he says. “Never be satisfied. That’s my personal motto and our business motto.”
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