Florida Construction Law

Felman v. Villa Regina Association, Inc., 37 Fla. L. Weekly D1065a, Case No. 3D10-1328, filed May 2, 2012: In a case for damages caused by water intrusion, owner sought permanent damages only for “diminution of value.” Based on jury’s findings that damages were only temporary, and that no admissible evidence was introduced regarding damages for repairs, judgment was reversed. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

From DBPR: To All Interested Parties: RE:     2010 Florida Building Code Outcome of the June 12, 2012 - Rule Development Workshop Glitch Supplements to the 2010 the Florida Building Code This is to inform you that the actions and the outcomes from the June 12, 2012 rule development workshop regarding the proposed glitch code changes are now available from the link below. http://www.floridabuilding.org/fbc/thecode/FBC_2009_Icode_Supplement.htm To continue to address certain inconsistencies in the 2010 Florida Building Code including the applications of the 30% of assessed value language pertaining to renovations and the affirmative obligation for energy efficiency requirements for change outs, whether they be windows, AC units, swimming pool pumps or other particular items; an additional rule development workshop will be held in conjunction with the August 6-7, 2012 Commission meeting. Written comments regarding the proposed rule will be accepted through June 29, 2012 and a

By order entered on April 27, 0212, CILB granted a petition by C.A.R.P.I. U.S.A., Inc., filed on March 12, 2012, that a construction license is not required for the subcontracting of installation of specified lining materials as a water barrier. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

By order entered on April 27, 2012, the board granted a petition by Derek Pratt, filed on March 9, 2012, that a plumbing license is required, pursuant to section 489.105, for sewer and drain cleaning, TV pipeline inspection, and private utility locating, because it involves entry into the sanitary sewer lines. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

By order entered on March 8, 2012, the Construction Industry Licensing Board granted a petition by Close Construction, LLC, filed on January 3, 2012, that a licensed general contractor has the necessary licenses to install water piping within the water treatment plant and into the distribution system outside of the water treatment plant, and to install a pre-manufactured blower assembly within the water treatment plant. (from RPPTL Subcommittee) . Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

West Construction, Inc . v. Florida Blacktop, Inc., 37 Fla. L. Weekly D959c, Case No. 4D11-408, filed April 25, 2012. Reversed final judgment entered for paving subcontractor against contractor for lack of an enforceable contract between the parties. Subcontractor’s bid proposal contained provisions that if the bid was used in any way to “shop” prices for the work, a binding contract would be created. Contractor had used subcontractor’s bid in its successful efforts to obtain a contract with a public entity (The Villages of Royal Palm Beach), and had even identified the subcontractor in its contract proposal, but hired a different paver to perform the work.   In holding that an offer cannot prescribe conditions of rejection so as to turn silence on the part of the offeree into acceptance, it distinguished W. R Townsend Contracting, Inc. v. Jensen Civil Construction, Inc. , 728 So. 2d 297 (Fla. 1 st DCA 1999) in which an express contract was found to have been created by general cont

Pena v. Citizens Property Insurance Co ., 37 Fla. L. Weekly D946a, Case No. 2D10-2397, filed on April 25, 2012. Trial court’s dismissal of homeowners’ claim against insurer for sinkhole damages with prejudice due to fraudulent affidavits regarding compliance with the condition precedent that a contractor be hired prior to suit to perform repairs, was reversed and remanded for entry of a dismissal with leave to amend, or alternatively for abatement until a contractor has been hired for repairs, but on condition that the insurer could recover fees and costs as a sanction award for the homeowners’ fraud. Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

ABC GENERAL CONTRACTOR’S TABLETOP EXHIBIT 350 People are already registered! DATE: Thursday –June 7th, 2012 WHEN: 6:00 p.m. – 8:00 p.m.(Hors d’oeuvres Will Be Served) The Doubletree Hotel ( 4500 West Cypress Street , Tampa ) FREE to ABC Members / $20 for Non-Members Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Khodam v. Escondido Homeowner’s Association , 37 Fla. L. Weekly, Case Nos. 4D10-4851 and 11-708, filed on April 18, 2012. Trial court’s finding that neither party was “prevailing party” for purposes of fee award based on jury’s finding of breach of contract but with no damages, was reversed and remanded to determine fees and costs pursuant to section 57.041, Florida Statutes, due to prevailing “on the significant issues” test. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Talel Corporation v. Shimonovitch , 37 Fla. L. Weekly D790a, Case No. 4D10-3886, filed April 4, 2012. Arbitration award was vacated pursuant to section 682.13(1)(d), Florida Statutes (2008), due to arbitrator’s failure to hold a hearing on a determination of the amount of unliquidated damages, after thought defendants had defaulted for violating multiple Arbitration Orders. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com