Florida Construction Law

Efforts to overhaul immigration may be stymied if congressional budget negotiators fail to strike a deal, immigration advocates say. Reps. Mario Diaz-Balart, R-Fla., and Darrell Issa, R-Calif., are working on separate measures to address the pathway to citizenship for current residents, which has been a sticking point in negotiations. Other factors that could stifle immigration overhaul include the looming 2014 elections, and the problems with the roll out of the federal health care law, this article says. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Senate Finance Committee Chairman Max Baucus, D-Mont., has begun releasing specific proposals to revamp the U.S. tax code. Many of the provisions will directly affect small businesses, this article notes. These include permanently doubling the amount companies can immediately expense when investing in certain fixed assets, lowering the corporate tax rate and changing accounting rules for small businesses. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Modular technology can accelerate installation of vegetated roofs and customize their features, writes Katie Marks. This technology involves plants being grown inside trays over a root membrane, to protect roofing systems from penetration. The trays or modules could also come with drainage systems, and alter the characteristics of green roofs while reducing the time needed for their complete installation, Marks notes. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

A roofing materials supplier in Utah that mainly caters to roofing contractors always includes charity work in its business, according to this article. Roofers Supply holds an annual donations drive during the holidays to benefit the Utah Food Bank and to help other charities as a way of giving back to the community. The company celebrates its 20th year in April and aims to maintain its charity work even if conditions get rough for business, said Stephanie Pappas, one of the owners of Roofers Supply. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

The Senate on Tuesday moved closer to passing a budget, voting 67-33 to end debate on the measure and bring it before the full Senate, most likely today. The plan received bipartisan support, and shows a willingness to avoid the budget deadlock experienced over the past several years. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Budget negotiators from the House and Senate over the weekend put the final touches on a deal that, if approved, would be first budget agreement since 2011. The proposal is expected to do nothing to significantly reduce U.S. debt, scale back the cuts provided by the sequester, close tax loopholes or reform expensive retirement or health care programs. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Water Well Contractors: Chapter 373, Part II (licensing and regulation): House Bill 999, effective July 1, 2013, will repeal Rule 62-531-340(1)(d), which is a $14 per CEU fee for license renewal. (From Construction  Regulation  Subcommittee Monthly Report 11/2013) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Hopefully, all members have forwarded the mandatory notices to their employees regarding their participation in healthcare plans by October 1, 2013, as was required by the Affordable Care Act (ACA). One rule that is often overlooked in the ACA requires employers with more than 50 employees to provide lactation space for nursing mothers to express breast milk for one year after a child’s birth, a reasonable break time for that purpose, and a place other than a bathroom for the employees’ use. On November 27, 2013, the Obama administration announced a major delay in the online portion of the federally run Small Business Health Options (SHOP) program, the component of the ACA designed to expand health insurance options for small businesses. The administration announced that online enrollment through will be delayed from December 1 until November 2014. This delay follows a two-month delay announced earlier this year. Small businesses still will have the option to purchase SHOP health insu...

Regions Bank v. Paul Rhodes and Sunset Lakes of St. Lucie , LLC, 38 Fla. L. Weekly D2400a, Case No. 4D13-72, filed November 20, 2013: Offer of judgment pursuant to s. Kuvin v. Keller Ladders, Inc ., 797 So. 2d 611 (Fla. 3d DCA 2001) and Shoppes of Liberty City, LLC v. Sotolongo , 932 So. 2d 468 (Fla. 3d DCA 2006), but certified the conflict in light of Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007), which found an offer of judgment invalid because it failed to cite the statutory provisions in addition to the rule citation.768.79(1) and FRCP 1.441 ("settlement proposals") was found to be invalid because it was served by the defendant (Regions Bank) less than 90 days after it had been made a party by filing of an amended complaint (although it was served more than 90 days after filing of original complaint). The court found rejected the "mere technical violation" rationale adopted in (From Construction Regulation Subcommittee Monthly Report 11/2013) Trenton...

Preusler & Associates, Inc. v. Stephen A. Scott , 38 Fla. L. Weekly D2436a, Case No. 1D12-5409, filed November 20, 2013: Owner sued restoration contractor under FDUTPA, and contractor counterclaimed for breach of contract, but did not plead entitlement to fees. After summary judgment was granted on both claims in favor of contractor, it filed a motion for attorney fees pursuant to s.501.2105, which was granted without a specify finding of the number of hour reasonably expended to defend the FDUTA claim. While finding that the contractor had waived its claim for fees, the case was REVERSED and REMANDED for a determination by the trial court of the reasonable number of hours, hourly rate, and any modification factors. (From Construction Regulation Subcommittee Monthly Report) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Premier Finishes, Inc. and Peter Torres v. Chris Maggirias, Trustee , 38 Fla. L. Weekly D2388a. Case No. 2D13-1340, filed November 15, 2013: Writ of Certiorari was granted quashing order discharging claim of lien and notice of lis pendens based on trial court's finding that contractor's use of its fictitious name invalidated the underlying contract. Since the trial court's failure to make a specific finding that the "faulty" claim of lien adversely affected the owner could not be remedied on appear, Certiorari relief was appropriate. (From Construction Regulation Subcommittee Monthly Report 11/2013) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Nextgen Restoration, Inc., v. Citizens Property Insurance Corporation , Case Noo. 2D12-2990, filed November 15, 2013: Restoration C ontractor  sued insurance carrier for breach of contract based on owner's assignment of insurance policy of a claim for water remediation. Carrier filed motion to dismiss based on failure to attach policy to complaint, but also answered the compliant by asserting an affirmative defense that assignment was invalid because the policy prohibited assignment; trial court granted carrier's motion to dismiss "based on a standing issue," without leave to amend. The dismissal was REVERSED and REMANDED  because the basis for outside the motion to dismiss, and could not be resolved without a copy of the policy being part of the record. (From Construction Regulation Subcommittee Monthly Report 11/2013) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www....

Clearwater Housing Authority v. Future Capital Holding Corporation, et. al. , 38 Fla. L. Weekly D232a, Case No. 2D12-5515, filed November 8, 2013: Summary Judgment in favor of defendant contractor based on 10-year Statute of Repose was REVERSED AND REMANDED for determination of material fact as to date of completion of design contract pursuant to s. 95.11, which date may have occurred several years after issuance of certificate of occupancy and actual possession by owner. (From Construction Regulation Subcommittee Monthly Report 11/2013) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Carlos M. Gonzalez v. Department of Health , Case No. 1D12-3888, filed November 12, 2013 [also see eelier appeal reported at 120 So. 3d 234 (Fla. 1 st DCA 2013]: Failure to request a formal administrative hearing when it became apparent at the informal hearing that the material facts were in dispute does not preserve that issue for appeal notwithstanding that a formal hearing should then be held pursuant to Mixon v. Department of State , 686 So. 2d 755 (Fla. 1 st DCA 1997), since it is not the responsibility of the administrative board to terminate an informal hearing when disputed material facts become apparent. Goodson v. Florida Department of Business and Professional Regulation, Division of Real Estate , 978 So. 2d 195 (Fla. 1 st DCA 2008). (From Construction Regulation Subcommittee Monthly Report 11/2013) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

Brazil is facing a time crunch to finish the stadiums that will be used for 2014 World Cup. The $360 million Arena Corinthians in Sao Paulo -- the stadium that is nearest completion -- faced a setback last week when a crane hoisting a 500-ton metal structure for the roof buckled, sending the structure plummeting and killing two workers. Skepticism about the country's ability to finish the venues is growing.   (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

On Nov. 21, Senate Finance Chairman Max Baucus (D-Mont.) released a discussion draft of proposed legislation to reform the cost recovery provisions of the federal tax code. This draft would repeal the current depreciation system, referred to as Modified Accelerated Cost Recovery System, and replace it with a new system that pools assets into separate categories. The draft also instructs the Congressional Budget Office (CBO) to analyze the economic depreciation rates of tangible assets. The Department of Treasury then is authorized to review CBO's findings and determine whether assets should be reassigned depreciation schedules or whether new ones should be created. Under the Baucus proposal, these depreciation schedule changes would generate nearly $700 million in revenue for the government during the next decade, which would be used to offset cutting the 35 percent corporate income tax rate. Unfortunately, Baucus proposed cutting tax rates only for C corporations and not fo...

The seasonally adjusted producer price index (PPI) for materials and components used in construction fell 0.2 percent in October from September, according to  www.abc.org . The PPI program measures the average change over time in the selling prices received by domestic producers for their output.  The index was down 0.3 percent on a yearly basis. Nonresidential construction materials prices fell 0.5 percent in October and were unchanged during the past 12 months.  "We continue to observe a lack of significant inflationary pressures globally and nationally," says Associated Builders and Contractors Chief Economist Anirban Basu. "Despite ongoing expressions of concern regarding inflation due to stimulus measures being conducted by the U.S. Federal Reserve and other major central banks around the world, the data continue to reflect remarkable stability in construction materials prices.  "However, there is no guarantee that the stability of material...

WASHINGTON – The Occupational Safety and Health Administration has scheduled a public meeting to allow interested parties to comment on the proposed rule to improve tracking of workplace injuries and illnesses. OSHA's proposed rule amends its current record keeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The meeting will be held from 9 a.m. to 4:30 p.m., Thursday, Jan. 9, 2014, at the U.S. Department of Labor in Washington, D.C. Requests to attend or speak at the meeting may be submitted electronically at http://www.regulations.gov , the Federal eRulemaking Portal or by mail or facsimile. The deadline to request to attend the meeting as a speaker or observer is Friday, Dec. 13, 2013. See the Federal Register notice for more details. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthfu...

Florida's Association of Roofing Professionals cautions that Florida residents could face property insurance rate hikes if existing building codes are replaced by a generic "International Building Code". Florida Building Commission committees are considering requests to preserve existing code this week. Winter Park, FL (PRWEB) October 03, 2012 Florida Building Commission (FBC) committees begin meeting this week to consider requests to preserve Florida-specific building regulations for the 2013 code cycle. Without approval by the Commission, the codes will disappear in favor of a generic, international code that will likely result in less protection and higher property insurance rates for Florida residents. Mark Zehnal, CPRC, the Director of Technical Services for FRSA, submitted more than 200 requests this summer hoping to preserve the current code on behalf of Floridians. “FRSA is taking a stand, not just for the contractors but for the people of the State,” Zehna...

The committee assigned by U.S. Congress to come up with a budget compromise was given a Dec. 13 deadline to complete its work, but many say there is almost no hope that an agreement will be reached by then. Business groups and labor organizations are increasingly expressing frustration with governing by crisis. "It's a stupid way to run a country," said Maya MacGuineas, who leads Campaign to Fix the Debt, a nonpartisan advocacy group. (from NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com