Florida Construction Law

Promisory Estoppels Cannot be Used to Avoid the Statute of Frauds DK Arena, Inc., v. EB Acquisitions I, LLC , 38 Fla. L. Weekly S187a, Case No SC10-897, filed March 28, 2013. Florida Supreme Court   quashed and remanded   appellate decision based on   Tanenbaum v. Biscayne Osteopathic Hospital, Inc ., 190 So. 2d 777 (Fla. 1966) and held that the judicially-created doctrine of promissory estoppels cannot be used to avoid the Statute of Frauds (Section 725.01 F. S.). Specifically, the court held that an oral statement by the seller of real property (celebrity boxing promoter Don King) for an extension of the due diligence period in the written contract was not effective, even though it otherwise meet the criteria for "promissory estoppel." NOTE; While Justice Canady dissent based on his disagreement that there is conflict with Tanenbaum ,  he finds jurisdiction based on conflict with  Bradley v. Sanchez , 943 So. 2d 218 (Fla. 3d DCA 2006), but agrees w...

Case Reversed and Remanded Leonor Sarmiento Camperos v. Thomas Andres Vazquez Estrella,  38 Fla. L. Weekly D855b, Case No. 3D12-1749, issued on April 17, 2013: A non-final order denying motion to dismissed based on  forum non conveniens  was reversed and remanded  for failure of the trial court to articulate the  Kinney  factors during the hearing. See: Kinney Sys., Inc. v. Cont'l Ins. Co.,  674 So. 2d 86 (Fla. 1996), now codified in Fla. R. Civ. P. 1.061.          (From RPPTL Subcommittee) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

A proposed ordinance that would have required permits for residential and commercial roof replacement projects in Helotes, Texas, has failed to clear the Helotes City Council. The ordinance would have been difficult to enforce in cases where multiple homes have been damaged by hail, said city manager Rick Schroder. "Insurance companies come out for the final inspection. That's why I didn't see a need for this," said Helotes Mayor Thomas Schoolcraft. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

To kick off a BIM project, all the stakeholders — superintendents, project managers, estimators and members of the virtual design and construction groups — meet to identify the opportunities for coordination, modeling, detailing and prefabrication, as well as define the scope of work. Even when a company is staffed with the most highly qualified engineers, journeymen and master electricians with years of knowledge, contractors still face obstacles when looking to transition BIM technology to the field efficiently and securely. If every stakeholder on the project team does not have access to the most current information and models, the team's talents and best practices go to waste. (From ABC) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Contractors are reporting a spike in demand for roofing services following a late-May hailstorm that damaged an estimated 20,000 structures in an area of Richland County, S.C. The damage prompted the extension of a state Department of Insurance order allowing work by emergency adjusters, which is now in effect through Aug. 1. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

OSHA placed into effect an interim enforcement policy until Oct. 31, which delays enforcement of most new requirements of the Electric Power Generation, Transmission and Distribution and Electrical Protective Equipment final rule for employers who are complying with the existing general industry rule. (From ABC) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

The platform above the railroad tracks that will be home to three towers that are part of the Hudson Yards project in New York City is starting to take shape. Seventy-five concrete-filled caissons are now in the ground, and a 52-story building is already nine-stories tall. A slideshow highlights the work underway at the $20 billion project. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

The rooftop solar array atop Ikea's distribution center in Perryville, Md., has doubled in size after the retailer installed more solar panels last fall. The rooftop solar array now has about 26,000 panels, which now offers more than 6 million kilowatt-hours of electricity yearly. The 4.9 megawatt energy system at the store is the largest rooftop solar array in the state. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Appellate Court Affirms Trial Court's Decision East Coast Metal Decks, Inc., v. Boran Craig Barber Engel Construction Co., Inc.,   38 Fla. L. Weekly D1061a, Case NO. 2D12-1013, issued May 15, 2013: While finding that contractual venue provisions are not binding on the court if there are compelling reasons not to enforce them, the appellate court affirmed the trial court's denial of the subcontractor's motion to transfer a breach of contract action brought by the contractor in Collier County to Brevard County (where one of the projects was located), even where the terms of the surety bonds mandated venue in Brevard County (and denied conditionally awarding prevailing party attorney fees).. (From RPPTL Subcommittee) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

The number of signed sales contracts on previously owned homes in the U.S. rose 6.1% in May compared  with April, the National Association of Realtors said. Economists had predicted a 1.5% gain. It was the biggest one-month increase since April 2010, when first-time buyers rushed to take advantage of an expiring tax credit. (From NRCA) Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

Disaster Preparedness Mitigates Risk Dealing with disaster scenarios cannot be avoided, however proper preparation can prevent a bad situation from getting worse. No one can predict the magnitude or timing of a disastrous event. Contractors must engage in proper planning to establish company protocols on the front end. Regardless of the event, dealing with tragedy is not something to be taken lightly, nor is it something that can be rectified quickly. From: ABC Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com

The leaky roof at the Miami Civic Center in Miami, Oklahoma, would cost $575,000 to repair. "We are finding more and more damage over time, and that is going from roof damage to wall to floor damage because we can't stop the roof from leaking," city engineer Chuck Childes said. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606

The roof of Syracuse University's Carrier Dome is likely to need replacement by 2024 at a cost of about $25 million. The school has about two years to decide on a course of action, whether it is installing a fabric roof or either a permanent or retractable metal roof. The current roof is expected to last five more years. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606

Restoration of the wooden cupola at the historic Elks Building in Aspen, Colo., has reached completion, and it could be returned to its place on the structure the week of July 7. The dome was resheathed with lead-coated copper to restore its silver color, and the galvanized sheet metal that covered the frame has been replaced. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606

The seasonally adjusted annual rate for total construction spending in April edged up 0.2% from the March level, reaching $953.5 billion, buoyed in part by an increase in nonresidential building construction spending. Reed Construction Data forecasts the economy will grow "at a somewhat faster pace this year and next," with total construction spending estimated to rise 9.3% this year and 11.2% in 2015.  From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 North Howard Avenue Suite 100 Tampa, FL 33606

Some roofing companies in Eau Claire, Wis., are struggling to keep up with roof repairs after damage from the severe winter. Chad Asher, from Asher Lasting Exteriors, said "appointments are out three to four weeks," as he and his crew are busy fixing broken gutters and other roof problems. "We live in the Midwest and we experience the cold-cold and the hot-hot and it's tough on the shingles when they experience these types of temperature swings," Asher 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

Roofing materials that sport shades of "deep gray, smoky plum and even muted teal" are gaining popularity as they make homes appear peaceful and relaxing, according to Kate Smith, a national color expert. Roofs are also being built with cleaner forms, regardless of whether they are made of asphalt shingles, slate or shake, said Ivee Fromkin, owner of I. Fromkin Interiors. Shingles with scalloped edges can make a home appear more distinguished, but three-tab shingles remain the most in-demand. 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 steel-sheet roofing product integrates thin-film solar photovoltaic and solar thermal technologies. Developed by Australia-based Bluescope, the system generates energy while collecting heat. The surface produces energy similar to photovoltaic modules, and also absorbs heat between the two layers, allocating that for water and space heating. 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 roofing crews in Pennsylvania and Missouri are starting their workday earlier to avoid high temperatures, according to these reports. Workers also are told to drink lots of fluids and take frequent breaks in the middle of the day, said Shawn McAlpin, who owns Top Shelf Roofing. When temperatures exceed 100 degrees, roofing crews may wrap up their work early, McAlpin added.  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 skylights atop a former Home Depot store in Windsor, Canada, will be removed and replaced with structural steel as part of a project to turn the site into a commercial plaza. Once the skylights are gone, R-32 insulation will be applied, followed by installation of Firestone UltraPly 60-mil Thermoplastic Polyolefin rubberized roof, which will be sealed via hot air welding.  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

Licenses should be required for roofing contractors in Texas to protect homeowners and the reputation of honest roofing businesses, according to the North Texas Roofing Contractors Association. State Rep. Kenneth Sheets has twice proposed legislation on licenses for roofing contractors but both attempts failed. "We've lobbied the state legislature for the past three session and they don't appear interested in creating any type of licensing or registration for roofing contractors," said Karen Vermaire Fox, president of NTRCA.  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