Articles Published


 

 

 
• “Negligent Design Liability (Part 1 of 2),” Ditchmen, May 2000

 
• “Negligent Design Liability (Part 2 of 2),” Ditchmen, June 2000

 
• “Legislative Changes to Construction Contract Indemnification Provisions,” Ditchmen, July 2000

 
• “Disclaimer of Warranties Under the Uniform Commercial Code,” Ditchmen, October 2000

 
• “Differing Site Conditions (Part 1 of 3),” Ditchmen, November 2000

 
• “Differing Site Conditions (Part 2 of 3),” Ditchmen, December 2000

 
• “Differing Site Conditions (Part 3 of 3),” Ditchmen, January 2001

 
• “Problems with Using the Total Cost Method of Calculating Damages,” Ditchmen, February 2001

 
• “Two Potential Defenses to OSHA Citations (Part 1 of 2), Ditchmen, March 2001

 
• “Two Potential Defenses to OSHA Citations (Part 2 of 2), Ditchmen, April 2001

 
• “Excusable Delays, Compensable Delays and Liquidated Damages (Part 1 of 2),” Ditchmen, May 2001

 
• “Excusable Delays, Compensable Delays and Liquidated Damages (Part 2 of 2),” Ditchmen, July 2001

 
• “The Measured Mile Analysis,” Ditchmen, October 2001

 
• “Disclaimers for Differing Site Conditions in Utility Contracts,” Ditchmen, March 2002

 
• “The No Damages for Delay Clause,” Ditchmen, April 2002

 
• “Last Day of Work for Purposes of a Claim of Lien,” Ditchmen, June 2002

 
• “The Notice of Commencement,” Ditchmen, July 2002

 
• “Damages for Defective Workmanship,” Ditchmen, August 2002

 
• “Construction Liens and Public Property,” Ditchmen, September 2002

 
• “Arbitration Provisions in Construction Contracts,” Ditchmen, October 2002

 
• “Some Pros & Cons of Arbitration,” Ditchmen, November 2002

 
• “Three Ways to Prevent Mold Claims on Construction Project,” SMRSMCA Newsletter, December 2002

 
• “Contractor’s Final Affidavit,” Ditchmen, January 2003

 
• “Last Work and Liens,” SMRSMCA Newsletter, January 2003

 
• “The Pitfalls of Hiring Unlicensed Contractors,” Ditchmen, February 2003

 
• “Bid Protest (Part 1 of 2),” Ditchmen, April 2003

 
• “Bid Protest (Part 2 of 2),” Ditchmen, May 2003

 
• “Implied Warranty of Availability,” Ditchmen, June 2003

 
• “Lien Law Pitfalls: Contractor’s Final Affidavit,” WCRCA Newsletter, July 2003

 
• “The Slavin Doctrine,” Ditchmen, July 2003

 
• “Disclaimer of Warranties and the UCC,” WCRCA Newsletter, August 2003

 
• “An Owner’s Duty to Coordinate Multiple Contractors,” Ditchmen, August 2003

 
• “2003 Legislative Update,” WCRCA Newsletter, September 2003

 
• “2003 Legislative Update,” Ditchmen, September 2003

 
• “Contract Provisions: the No Damages for Delay Clause,” WCRCA Newsletter, October 2003

 
• “Florida Lien Law: Construction Liens and Public Property,” WCRCA Newsletter, November 2003

 
• “Cardinal Change,” Ditchmen, November 2003

 
• “The Implied Warranty of Availability,” WCRCA Newsletter, December 2003

 
• “Using the Slavin Doctrine to Defeat Injury Claims,” WCRCA Newsletter, January 2004

 
• “Construction Liens and the Last Day of Work,” Florida Forum, February 2004

 
• "Prompt Payment," Ditchmen, February 2004

 
• “When Competitive Bidding Fails: Bid Protests Part 1,” WCRCA Newsletter, February 2004

 
• "Problems with Using the Total Cost Method of Calculating Costs," WCRCA Newsletter, April 2004

 
• "Cardinal Changes," WCRCA Newsletter, May 2004

 
• "How to Handle Special Challenges of Coordinating Construction Liens and the Last Day of Work, Florida Forum, May 2004

 
• "Florida Lien Law: The Notice of Commencement," WCRCA Newsletter, June 2004

 
• "Claims for Lost Profits," Ditchmen, June 2004

 
• "Approximating Damages: The Measured Mile Analysis," WCRCA Newsletter, July 2004

 
• "Waiver of Contract Notice Provisions," WCRCA Newsletter, August 2004

 
• "Construction Bonds Part I of II," Ditchmen, August 2004

 
• "Negligent Design Liability Part 1 of 2," WCRCA Newsletter, September 2004

 
• "Construction Bonds Part II of II," Ditchmen, September 2004

 

 
• "Negligent Design Liability Part 2 of 2," WCRCA Newsletter, October 2004

 
• "Prevent Mold Claims and Avoid Expensive Court Costs," Florida Forum, October 2004

 
• "Claims for Lost Profits," WCRCA Newsletter, November 2004

 
• "Termination for Convenience: Necessary Evil or Unfair Advantage Part I of III," Ditchmen, November 2004

 
• "Arbitration Provisions in Construction Contracts," WCRCA Newsletter, December 2004

 
• "Arbitration Provisions in Construction Contracts Part II of II," WCRCA Newsletter, January 2005

 
• "Damages for Defective Workmanship," WCRCA Newsletter, February 2005

 
• "Termination for Convenience: Necessary Evil or Unfair Advantage Part III of IV," Ditchmen, February 2005

 
• "Termination for Convenience: Necessary Evil or Unfair Advantage Part IV of IV," Ditchmen, March 2005

 
• "Termination for Convenience: Necessary Evil or Unfair Advantage Part 1 of IV," WCRCA Newsletter, March 2005

 
• "How to Contractually Limit or Eliminate Customer Warranties", Florida Forum, March 2005

 
• "Termination for Convenience: Necessary Evil or Unfair Advantage Part II of IV," WCRCA Newsletter, April 2005

 
• "How to Get a Date with Cameron Diaz," WCRCA Newsletter, May 2005

 
• "Terminations for Convenience: Necessary Evil or Unfair Advantage Part IV of IV," WCRCA Newsletter, June 2005

 
• "An Owner's Duty to Coordinate Multiple Contractors," WCRCA Newsletter, July 2005

 
• "Construction Surety Bonds Part 1 of 2," WCRCA Newsletter, August 2005

 
• "Construction Surety Bonds Part 2 of 2," WCRCA Newsletter, September 2005

 
• "Compensable Delays, Excusable Delays and Liquidated Damages Part 1 of 2," WCRCA Newsletter, October 2005

 
• "Compensable Delays, Excusable Delays and Liquidated Damages Part 2 of 2," WCRCA Newsletter, November 2005

 
• "The Paper Trail," WCRCA Newsletter, December 2005

 
• "The Pros and Cons of Arbitration," Florida Forum, November 2005

 
• "No Damages for Delay Provisions," WCRCA Newsletter, January 2006

 
• "The Slavin Doctrine," WCRCA Newsletter, February 2006

 
• "The Total Cost Method of Calculating Costs," WCRCA Newsletter, March 2006

 
• "Personal Guaranties," WCRCA Newsletter, April 2006
• "Public Projects and Bid Protests," WCRCA Newsletter, June 2006

 
• "Bid Protests Part II," WCRCA Newsletter, July 2006

 
• "Dispute Review Boards Part 1 of 2," WCRCA Newsletter, August 2006

 
• "Dispute Review Boards Part 2 of 2," WCRCA Newsletter, September 2006

 
• "The Measured Mile," WCRCA Newsletter, October 2006

 
• "Three Ways to Prevent Mold Claims on Construction Projects," WCRCA Newsletter, November 2006

 
• "Florida Construction Liens: The Last Day of Work," WCRCA Newsletter, December 2006

 
• "The Implied Warranty of Availability," WCRCA Newsletter, January 2007

 
• "Construction Contract Basics-Part I of II," Florida Forum, January 2007

 
• "Construction Contract Basics-Part II of II," Florida Forum, February 2007

 
• "Defending Contractor Licensing Complaints," WCRCA Newsletter, February 2007

 
• "Disclaimer of Warranties and the UCC," WCRCA Newsletter, March 2007

 
• "Mitigation Affidavits," WCRCA Newsletter, April 2007

 
• "Lost Profits," WCRCA Newsletter, May 2007

 
• "Terminations for Convenience Part II of IV," WCRCA Newsletter, June 2007

 
• "Terminations for Convenience Part III of IV," WCRCA Newsletter, August 2007

 
• "Terminations for Convenience: Necessary Evil or Unfair Advantage Part IV of IV," WCRCA Newsletter, September 2007

 
• "Legislative Changes 2007 Part I of II," WCRCA Newsletter, October 2007

 
• "Legislative Changes 2007 Part II of II," WCRCA Newsletter, November 2007

 
• "Preventing Mold Claims," WCRCA Newsletter, December 2007

 
• "OSHA: How to Avoid a Willful Violation," WCRCA Newsletter, January 2008

 
• "The Pros and Cons of Arbitration," Plans & Specs, January/February 2008

 
• "Construction Contracts-The Waiver of Owner Notice Provisions," Roofing Contractor, February 2008

 
• "OSHA: Unavoidable Employee Misconduct Defense," WCRCA Newsletter, February 2008

 
• "Legally Speaking: Construction Contracts-The Waiver of Owner Notice," Roofing Contractor, February 2008

 
• "Fall Protection and Willful OSHA Violations," Florida Forum, March 2008

 

 
• "A Different Approach to Measuring Damages," WCRCA Newsletter, July 2008

 
• "Liquidated Damages Are Not Always Enforceable (Part 1)," WCRCA Newsletter, August 2008

 
• "Liquidated Damages Are Not Always Enforceable (Part 2)," WCRCA Newsletter, September 2008

 
• "Combating Price Increases and the Escalating Cost of Construction," Florida Forum, September 2008

 
• "An Exception to Negligent Design: Unsigned and Unsealed Design Documents," Hillsborough County Bar Association Magazine, October 2008

 
• "Arbitrating Construction Disputes," Roofing Contractor, December 2008

 
• " Owners Inspections & The Recovery of Costs," WCRCA Newsletter, January 2009

 
• "AIA Contracts and the Initial Decision Maker," WCRCA Newsletter, February 2009

 
• "Cardinal Changes," WCRCA Newsletter, April 2009

 
• "Common Problems with Construction Liens," Florida Forum, May 2009

 
• "Florida Lien Law: The Notice of Commencement," WCRCA Newsletter, May 2009
• "Swift and Fair: New Method of dispute Resolution Saves Time and Money," Metal Construction News, May 2009

 
• "Construction Arbitration," Palm Beach County Roofing & Sheet Metal Contractors Association Newsletter, June 2009

 
• "Florida Lien Law: Construction Liens and Public Property," WCRCA Newsletter, June 2009

 
• "AIA Contracts and the Initial Decision Maker," Architectural Roofing & Waterproofing, July 2009

 
• "Recovery of Attorneys' Fees Under Florida Lien Law," WCRCA Newsletter, July 2009

 
• "Construction Contract Provisions: Termination for Convenience-Part I" WCRCA Newsletter, October 2009

 
• "Construction Lien Law's Recent Change Affects Recovery of Attorney's Fees" Florida Forum, October 2009

 
• "Recent Legislative Changes to Construction Licensing" WCRCA Newsletter, November 2009

 
• "Mediating Construction Disputes," Plans & Specs, November/December 2009

 
• "The Implied Warranty of Constructability," Architectural Roofing & Waterproofing, December 2009

 
• "Alternative Dispute Resolution: Mediating Construction Disputes," WCRCA Newsletter, December 2009

 
• "Terminations for Convenience: Necessary Evil or Unfair Advantage Part II of IV," WCRCA Newsletter,
January 2010

 
• "Terminations for Convenience: Necessary Evil or Unfair Advantage Part III of IV," WCRCA Newsletter,
February 2010

 
• “Five Important Provisions in Residential Roofing Contracts,” Roofing Florida Magazine, March 2010

 
• "Terminations for Convenience: Necessary Evil or Unfair Advantage Part IV of IV," WCRCA Newsletter,
March 2010

 
• "Important Provisions in Residential Roofing Contracts" WCRCA Newsletter, April, 2010

 
• “No Damages for Delay Provisions” WCRCA Newsletter, May, 2010

 
• “Changes to Lien Law Affects Recovery of Attorney’s Fees,” Roofing Florida Magazine, May 2010

 
• “Three Ways to Prevent Mold Claims on Construction Projects,” WCRCA Newsletter, June, 2010

 
• “Damages for Defective Workmanship,” WCRCA Newsletter, August, 2010

 
• “A Negligent Design Defense,” WCRCA Newsletter, September, 2010

 
• "Construction Contracts: The No Damages For Delay Clause," Roofing Contractor, September, 2010

 
• “Personal Guaranties,” WCRCA Newsletter, October, 2010

 
• “Changes to OSHA Crane Standards,” WCRCA Newsletter, November, 2010

 
• “The Escalating Cost of Construction and Combating Price Increases,” WCRCA Newsletter, December, 2010

 
• “OSHA Makes Significant Changes to Crane Standards,” Roofing Florida Magazine, December, 2010

 
• "Failure to Obtain a Building Permit May Invalidate a Construction Lien," Plans & Specs, November/December 2010

 
• “Effective Construction Mediation,” Roofing Florida Magazine, January, 2011

 
• “Recent Case Refines Statute of Limitations for Roof Leaks,” WCRCA Newsletter, January, 2011

 
• “Recent OSHA Changes,” WCRCA Newsletter, February, 2011

 
• "The Implied Warranty of Availability," Plans & Specs, January/February, 2011

 
• “How to Defeat Pay When Paid Clauses (part 1 of 2),” WCRCA Newsletter, March, 2011

 
• “Recent Case Refines Statute of Limitations for Roof Leaks,” Roofing Florida Magazine, March, 2011

·    “How to Defeat Pay When Paid Clauses (part 1 of 2),” Roofing Florida Magazine, April, 2011

·   “How to Defeat Pay When Paid Clauses (part 2 of 2),” WCRCA Newsletter, April, 2011

·   “Differing Site Conditions (part 1 of 3),” WCRCA Newsletter, May, 2011

·   "How to Defeat Pay When Paid Clauses (part 2 of 2),” Roofing Florida Magazine, May, 2011


 
Trenton H. Cotney
Florida Bar Board 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

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