Florida Construction Law

Gulf Coast Development Services v. Department of Financial Services, Division of Workers' Compensation , DOAH Case No. 13-1977F, Final Order issued December 6, 2013: Petition for award of attorney fees pursuant to s. 57.111, F. S., after DFS rescinded Stop-Work Order and Penalty Assessment that had been issued in error, was DENIED. Based on the Petitioner's statements to the department's investigator, the issuance of the order and assessment were "substantially justified" pursuant to statutory defense, notwithstanding that contractor-developer was the "prevailing party" in the underlying administrative hearing. (From Construction Requlation 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

OSHA has announced it will propose to extend the compliance date for its crane operator certification requirement by three years to November 10, 2017. The proposal also would extend to the same date the existing phase-in requirement that employers ensure their operators are qualified to operate the equipment. (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

In November, the Senate passed the Employment Nondiscrimination Act (ENDA). This bill would ban employers from firing, refusing to hire or discriminating against workers or job applications based on their sexual orientation or gender identity. Businesses with fewer than 15 employees would be exempt from these requirements. President Obama has stated his support for ENDA, but at this time the House is not expected to take up the measure. However, the President and congressional Democrats, working with many outside groups, will undoubtedly put pressure on House Republican leaders to allow a vote on ENDA. (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 choice between using a black, EPDM roofing membrane or a white, reflective thermoplastic polyolefin or PVC depends on the requirements of the building, and the environment of its location, Chris Sweeney writes. White, reflective roofs may reduce urban heat, but they are not suitable for buildings in cooler climates because they could cause condensation buildup. Black EPDM roofs can be more effective in shedding snow. However, both roofing membranes can save on energy with proper insulation, with the addition of vapor and air barriers for white roofs. (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 portion of the roof at an Aldi Süd supermarket in Bad Homburg, Germany, caved in after a crane fell on the structure. The accident injured five people and claimed one life. The crane was situated at a construction site near the supermarket when it collapsed on the roof above the cashier area, according to fire department spokesman Norbert Fischer. (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

Roofing companies in Springfield, Mo., have become busy as customers call on them to address the formation of ice dams on their homes. Terry Mooneyham, a property manager and repairman, said homeowners should not tackle ice dams on their own, but instead hire roofing crews. "We just ran the numbers and about four times as many calls have come in just this last week," said Jeff Elam from Dale's Roofing. (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

Work on the "iconic" steel dome that will top the Louvre museum in Abu Dhabi has started after its first segment was hoisted by a crane with over 660 tons of capacity to its resting place on 120 temporary support towers, according to this article. The steel dome will have a diameter of nearly 600 feet, and it will consist of 85 segments featuring 10,800 square steel tubes. The dome will be constructed in a counterclockwise direction, and it is expected to reach completion after 10 months, when the support structures will be dismantled. (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

New DOT rules, intended to reduce truck driver fatigue, went into effect July 1. The new rules limit the maximum average workweek for truck drivers to 70 hours (from 82); allow truck drivers who reach the maximum 70 hours to resume work if they rest for 34 consecutive hours, including at least two nights of rest between 1 - 5 am; and require truck drivers to take a 30-minute break during the first eight hours of a shift. (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

Violations cited from October 1, 2012 to September 30, 2013: 1. Fall protection  2. Hazard communication  3. Scaffolding  4. Respiratory protection  5. Electrical, wiring methods  6. Powered industrial trucks  7. Ladders  8. Lockout/tag-out  9. Electrical, general requirements  10. Machine guarding (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

Priority Mail – Capitalizing on strong growth in its shipping business, the USPS has launched major changes to its Priority Mail. This includes improved features including free insurance, improved USPS Tracking and day-specific delivery which are expected to generate more than half a billion dollars in new revenue within the next year. First Class Mail – The price for a first-class stamp will increase by 3 cents effective January 2014. (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 DOL’s Office of Federal Contract Compliance Program, which enforces the nondiscrimination obligations of federal contractors, is moving ahead with its regulatory agenda. The agenda includes a final rule that would impose significant new requirements on federal contractors with respect to hiring individuals with disabilities; including establishing a new seven percent utilization goal for hiring disabled individuals within every job group. Another regulation includes new requirements for hiring veterans. These new rules are expected out in early 2014. (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 US Department of Labor has obtained a consent judgment in federal court ordering Bowlin Group LLC and Bowlin Services LLC to pay 196 employees a total of $1,075,000 in back wages and liquid damages. The judgment resolves a Labor Department investigation conducted by the Wage and Hour Division which found that the defendants misclassified 77 employees as independent contractors and violated the Fair Labor Standards Act (FLSA) by denying those workers and others overtime and by failing to maintain accurate payroll records. The agency’s investigation found that all nonexempt employees, regardless of their classification by the employer as either an employee or independent contractor, were paid upon the pieces of equipment they installed rather than at an hourly rate. The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours w

OSHA has launched a new booklet, "Falling Off Ladders Can Kill: Use Them Safely". The booklet is part of OSHA's campaign to prevent fatal falls - the leading cause of death in construction and provides clear, easy to follow information about ladder hazards and how to use ladders safely with instructions in plain language.   (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 FRSA Credit Union has financed over $1 million dollars to customers of contractor members for roofing and re-roofing loans. FRSA contractor members can become a member of the Credit Union for only $7! By being a member of the Credit Union, you’ll be able to offer your customers the option to finance their roofing project at a very competitive rate and, more importantly, all you’ll need to do is refer them to the Credit Union staff, Marissa or Adrienne, and they will deal directly with your customer. Loans will be processed within 48 hours of receiving all paperwork and checks will be disbursed to the customer and you. (From FRSA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

In September, FRSA hired Cheryl Sulock, as the new Director of Convention and Trade Show and her first assignment was to attend the fall Board of Directors and committee meetings. Planning for this meeting was no small task as it involved three days of meetings, budget presentations, 2013 Convention and Trade Show review, sporting events and the opportunity to meet many of those active in FRSA. Cheryl was well prepared for the meetings and is no stranger to FRSA events. She came to us from the Orange County Convention Center in Orlando, where she handled our trade show for a number of years. She also holds industry designations as a Certified Meeting Planner (CMP) and a Certified Special Events Planner (CSEP), so we’re in good hands. Along with Cheryl’s responsibilities for the Convention and Trade Show, she will also work with the FRSA Board of Directors, the Public Relations and Marketing Committee, the Ladies’ Committee and head up social media for FRSA. (From FRSA) Trenton

In October, FRSA Past President Brad Sutter, FRSA Legislative Counsel Cam Fentriss and staff attended the annual workers’ comp rate hearings for the State as we do each year. Sutter testified on behalf of the Association and its members, encouraging the Office of Insurance to consider continued efforts on Physician drug repackaging, cash fraud and problems with PEO’s and misclassifications. FRSA was again the only trade association at the hearings, fighting for its members.   (From FRSA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.co m

On November 27, the Obama administration announced a major delay in the online portion of the federally run Small Business Health Options program (SHOP), The component of the Affordable Care Act (ACA) designed to expand health insurance options for small businesses. The administration announced that on line enrollment through HealthCare.gov will be delayed from December 1 until November 2014.  Small businesses still will have the option to purchase SHOP health insurance plans through a broker or agent, who will help the employer file a paper application with the government, for coverage taking effect Jan. 1 2014.  (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

Green roofs provide sustainable benefits for buildings while allowing architects and engineers to incorporate creativity in their designs, writes Katie Marks. Vegetated roofs can help buildings regulate temperature, control storm water runoff and improve air quality, while providing a way for businesses to achieve LEED status or similar environmental certification. This type of roof system can be included in the design of new homes, but an engineer needs to be consulted when installing it on existing structures to assess additional weight, Marks advised. (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

RCI has issued a call for abstracts for its 2014 Symposium on Building Envelope Technology Oct. 20-21, 2014, at Tampa Marriott Waterside Hotel & Marina and Tampa Convention Center in Tampa, Fla. RCI is seeking abstracts spanning a variety of topics, including roofing, brick masonry, stone masonry, waterproofing, air barrier systems, and innovative technologies and practices, among other topics.  (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

Reflective roofs can cause moisture to accumulate in winter unless the roofing system comes with a proper insulation, according to Robert Reale, a spokesman for Carlisle SynTec, based in Carlisle, Pa. Poor design can also contribute to this, but cool roofs that are "properly constructed" will not have "problems," said Jeffrey Steuben, executive director of the Cool Roof Rating Council based in Oakland, Calif. Insulation saves on energy, but it should not discount the fact that cool roofs reduce urban heat, energy use and smog, Steuben said. (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 Global Coalition for Green Schools formed at the Greenbuild International Conference & Expo in Philadelphia seeks to promote the construction of sustainable school buildings from the inside and out, according to this article. The 30 founding members of the alliance pledged to form coalitions that back the same cause in their own countries, based on the Center for Green Schools of the U.S. Green Building Council. They also plan to provide best practices, resources and case studies with one another to further their advocacy. (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