Florida Construction Law

Construction of new houses across the country dropped 6.5% in May to an annual rate of 1.01 million units, according to a report from the Department of Commerce. Declines have been seen in the construction of single-family and multifamily houses as potential buyers struggle with higher mortgage rates, while builders grapple with a shortage of workers and land.  From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Summer roof maintenance can help them survive the rainy weather and avoid the need for replacement, said Peter Eva, who operates Skyline Roofing. The National Roofing Contractors Association estimates that a new roof could cost $10,000 or more for a 2,000-square-foot house, with potential price increases based on the type of roof and its materials. But removing debris from the roof and its gutters can help prevent leaks during the rainy season, Eva said. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

The deteriorating roof of the Masonic temple in Winona, Minn., has compromised the rigging system that holds up the hand-painted scenes used by Masons in their ceremonies. This has led the city council to approve a project to remove, clean and store the drops as it looks for ways to restore the building. Work to rebuild the roof is expected to cost $218,000. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A newly installed metal roof at the 49er Inn and Suites hotel in Jackson, Wyoming, was torn away by a storm. No one was injured when the roof blew away. The structure may have been ripped from the building because the roofing contractor had not yet secured the western corner of the eaves, said Steve Meadows, co-owner of the hotel. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Total construction spending in April rose for the third straight month, with gains in some sectors offset by declines in others, according to a report released by the Associated General Contractors of America based on Census Bureau data. "Residential, private nonresidential and public construction spending all have areas of strength but also pockets of weakness," said Ken Simonson, chief economist of AGC. "While the overall trend remains more positive than last year, growth is likely to be spotty for the foreseeable future." From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Some roof repair and home remodeling companies in Berks County, Pa., are struggling to keep up with work after a hailstorm damaged roofs, skylights and gutters in the region. "What we are seeing is plenty of skylight breakage, beat up ridge vents on roofs and vinyl siding, gutter and shingle damage," said Eric Bachman, president and owner of Bachman's Roofing, Building and Remodeling. He said he and his crews prioritize homes that need waterproofing, while encouraging other homeowners to contact their insurance providers to file a claim. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A concrete domed roof design known as "Concrete Thinshell" has been built on some schools in Utah and in Oklahoma to help them withstand storms, tornadoes and other disasters. The structure is assembled by inflating a roof membrane to form a dome with steel reinforcing bars across the underside, and then the "reinforcing steel is built up to 4 feet high around the base of the dome and sprayed with shot-crete," according to the website of Leland Gray, a Utah architect who created the concrete roof. In Locust Grove, Okla., the concrete domed roof atop an elementary school there regulates indoor temperatures and saves on energy use. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

An index from the National Association of Home Builders/Wells Fargo showed that builder confidence slipped to 45 in May, down from 46 in April. The reading reflects a harsh winter, coupled with higher prices and tighter lending standards. However, builders may soon be more confident about the market "once job growth becomes more consistent," said David Crowe, chief economist of the NAHB. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

TSI Commercial Floor Covering in Champaign, Ill., has strengthened its business by purchasing the assets of Advanced Wayne Cain & Sons Sheet Metal and Roofing. The roofing company is now known as "Advanced Commercial Roofing" and the purchase allows TSI to include roofing services in its commercial and institutional flooring projects. Advanced Commercial Roofing is also performing roof repair work in the aftermath of tornadoes that struck the village of Gifford last November.  From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Economists surveyed by USA Today predict the annual rate of gross domestic product growth will be 3% or more in the current quarter and in the last two quarters of the year. They also forecast monthly job gains will average 210,000 for the remainder of the year, up from the monthly average of 194,000 in 2013. Separately, Federal Reserve Bank of Atlanta President Dennis Lockhart says it will not be clear for several months that a 3% GDP growth rate is sustainable. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Many of Ohio's historic courthouses require expensive roof and masonry work to reserve the buildings, according to this article. For instance, voters in Wyandot County agreed to a bond issue to raise about $2.25 billion for roof, dome and gutter repairs on the area's 1899 courthouse. Meanwhile, repairs costing about $3.6 million are being considered for the roof and clock tower of the 1850s Greek Revival courthouse in Crawford County.  From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

There is growing concern about a shortage of skilled tradespeople as the economy improves and more construction projects get underway. "There is a limit to how much overtime workers can put in, and companies will be seeking to expand employment even faster if the volume of projects continues to grow," said Ken Simonson, chief economist of the Associated General Contractors of America. AGC is pushing to create more training programs to recruit more workers.  From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

The roof of the Itaquerao Stadium that will host the World Cup opener in Sao Paulo will not be fully completed in time for the games as the builder deals with concerns regarding the health and safety of construction workers. However, the builder says the unfinished roof will not have any bearing on the games or on the spectators. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A partial roof using Teflon coating at a new stadium in Saskatchewan, Canada, is expected to enhance the comfort and experience of spectators, said Mark Williams of HKS Architects. The Teflon-coated fabric will be held up by sets of steel tresses and will block strong winds. The partial roof will also be sloped to reduce the impact of wind gusts, while its translucent material would allow 25% of the sunlight to enter the arena. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

(4D11-4808, March 19, 2014). After construction was completed, the School Board sued its architect for numerous change orders required because the plans did not meet the building code requirements.  The primary issue on appeal was how to define the architect’s duty to the owner.  The architect contended that the standard of care was whether it performed its duties with ordinary and reasonable skill (a negligence standard), and that so long as the final plans used for construction are code compliant it met its duty.  The owner argued that the standard of care was whether the initial plans are code compliant (a breach of contract standard).  The trial court instructed the jury on the negligence standard and the jury found for the architect.  On appeal, the court applied the contract standard and cited three contract provisions that required the architect to comply with all applicable “codes,” and rejected the architect’s argument that the indemnity clause, which uses tort duty language,

Overall construction materials prices increased 0.4 percent in April and are up 1.5 percent year over year, according to the May 14 Producer Price Index released by the U.S. Department of Labor. Nonresidential construction material prices were up 0.5 percent for the month and are 1.4 percent higher than the same time last year.  From ABC Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A plan to replace most of the flat roof at the Stark County Jail in Ohio is expected to cost $2.4 million after water soaked the insulation in several areas. RoofTEC, the company that took infrared scans of the roof, found that 31 large areas with moisture, and recommended that 105,000 square feet be removed from the structure down to its concrete base. The new roofing system will have a slope of about 3 inches per 12 feet to allow water drainage. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A portion of the grandstand roof at the Illinois State Fairgrounds in Springfield, Ill., has sent wooden debris falling to the seats due to leaks. The problem started after water penetrated the structure's rubber membrane, leading the wood to rot. Safety barriers have been installed for the Springfield Mile motorcycle race, and permanent repairs will start after the event under a $60,000 emergency contract. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

As a result of a Wage and Hour investigation, Paul Johnson Drywall Inc., Prescott, Ariz., severed its relationship with Arizona Tract LLC., Phoenix, a construction labor contractor. Beginning April 2013, Paul Johnson Drywall entered into a contract with Arizona Tract for the provision of drywall labor. Arizona Tract classified former Paul Johnson Drywall workers as "member/owners" instead of employees, which stripped them of basic worker protections afforded to employees.   On May 19, the Department of Labor filed a consent judgment in the U.S. District Court for the District of Arizona by which Paul Johnson Drywall and its owner Robert Cole Johnson agreed to take concrete steps to ensure misclassification of the company's workforce does not happen again and to pay $556,000 in overtime back wages and liquidated damages to at least 445 current and former employees. The employer also agreed to pay $44,000 in civil monetary penalties.  From NRCA Trenton H. Cotney

WL 1665732 (1D12-4874, April 25, 2014). Owner and construction manager claimed and counterclaimed against each other for damages arising out of a defectively constructed storm water pond.  The trial judge allowed the construction manager to disclose to the jury the fact of the owner’s settlement with a former party to the suit who testified at trial and who stood to benefit financially under the settlement agreement if the owner was successful.  The appellate court reversed the judgment for the construction manager and remanded for a new trial.  The court stated that Florida law is “particularly clear” and “has simply removed discretion from the trial courts to permit the disclosure of settlement agreements,” and cited sections 46.015(3) and 768.041(3), Florida Statutes, in support.  From  The Florida Bar, Construction Regulation Subcommitttee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100