Florida Construction Law

Contractors know how difficult it is to obtain and maintain a surety relationship.  Lien transfer bonds often require the posting of the full amount as collateral if you do not have an existing surety relationship.  In lieu of posting the bond, you can opt to post the dollar amount following with the clerk: The principal amount of the lien, plus interest at the legal rate for 3 years, plus $1,000 or 25% of the lien amount.  The clerk may also charge up to $20 (plus $10 per additional transfer).  Section 713.24, Fla. Stat. Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Kings Ridge Community Association, Inc., v. Sagamore Insurance Company, 37 Fla. L. Weekly D1604b, Case No. 5D11-1061, filed on July 6, 2012. All-risks business owner’s policy insurer filed an action for declaratory judgment as to the coverage for a building “collapse” and trial court entered judgment denying coverage. Reversed and remanded based on the expert reports that the failure of the building roof trusses due, at least in part, to rainwater collected in the roof and the installation of heavier replacement AC units, and that the building was structurally unsafe for occupancy, even though the ceiling was only lowered 12 inches and the building was still standing. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

The Occupational S afety and Health Administration (OSHA) will extend through its temporary enforcement measure in residential construction (December 15, 2012). The measures include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to ensure consistency and increased outreach. Fatalities from falls are the number one cause of workplace death in construction. The agency reportedly will continue to work with employers to ensure a clear understanding of and facilitate compliance with the new policy. (from FRSA Roof Flash). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

CFC of Delaware, LLC., v. Santalucia, et. al., 37 Fla. L. Weekly D1590a, Case No. 4D11-3526, filed on July 5, 2012. Court reversed and remanded trial court’s holding denying life insurance company’s Motion to Compel Arbitration based on fraud in the inducement of the insurance contract, since the arbitration provision contained therein was not the subject of the fraud. Accordingly, following the long line of cases since the U. S. Supreme Court’s 2006 decision in Buckeye Check Cashing v. Cardegna (546 U. S. 440) leaving such determinations up to the arbitrator. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Drywall work falls under the Jim Walter exemption, Section 489.117, Fla. Stat., that allows the drywall contractor to be unlicensed provided that it is supervised by a licensed contractor.   Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

718.111(11), Florida Statutes provides that condominium insurance exclude: all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.