Florida Construction Law

To celebrate National Roofing Week in July, NRCA is holding a Children's Art Contest to promote the importance of having a roof and the value of a professional roofing contractor. The contest is open to children in grades 1-8 who are relatives of NRCA contractor members or employees. Submissions will be divided into three groups based on grade, and the winner from each group will have his or her artwork featured on all 2015 National Roofing Week material and additional promotional material to be displayed at industry events throughout the year. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Home buyers will pay more for a property with rooftop solar panels, a study sponsored by the Department of Energy has found. Buyers will pay about $15,000 more for a home with an average solar photovoltaic system. The report also noted that more than half a million homes had solar systems as of mid-2014, a trend that is growing due to reduced costs. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

A group of students from the University of Florida are building a livable solar-powered home that is part of the U.S. Department of Energy Solar Decathlon. The house will feature 21 rooftop solar panels and will cost $200,000 to build. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Construction input prices dipped 2 percent in January 2015 and have now failed to rise for six consecutive months, according to the Feb. 18 producer price index release from the U.S. Department of Labor. On a year-over-year basis, construction input prices are down 3.6 percent. In addition, nonresidential construction input prices fell 2.1 percent on a monthly basis and 4.6 percent on a yearly basis. From ABC Newsline Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

This case presents another application of the Slavin doctrine to an engineering company.  Plaintiff’s father was killed in a traffic accident caused by a patently defective design of a new intersection traffic signal.  The design engineer was sued as were other defendants, and the jury followed the judge’s instructions and found that, although there was a defect in the design, the defect was patent and the design was accepted by FDOT. This finding exonerated the design subcontractor from liability to the plaintiff. The Court stated the following concerning the issue of “acceptance:” “Acceptance is the term applied for shifting the responsibility to correct patent defects to the party in control. In essence, acceptance will move along the timeline of a construction project, passing to each entity maintaining control of the work. This application makes perfect sense. Once an entity completes its work, and that work is accepted, the burden of correcting patent defects shifts to the

The use of high-efficiency concentrating solar cells on rooftops may be within reach, a Penn State research team says. The team used "a disruptive nanoscale solar concentration technology" to overcome size issues. If large-scale manufacturing is achieved, it may mean overall cost reductions for solar systems. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

NRCA's National Roofing Week will be held July 5-11 to increase recognition of the significance of roofs to every home and business in the U.S.; promote the good deeds of the roofing industry; and emphasize the value of professional roofing contractors. NRCA contractor members are encouraged to promote the importance of having a roof to children by asking them to participate in NRCA's 2015 Children's Art Contest. In addition, NRCA will host a community service day during NRCA's Midyear Meetings in Chicago, where members will volunteer their services for a roof system repair in the Chicago area. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

The new Mossom Creek hatchery in British Columbia will be outfitted with a green roof to boost efficiency. The green roof will protect the roof membrane, reduce runoff and help cool the building during the summer. The layered design will aim for a maintenance-free system using a growing medium on top of coated, woven, micro-perforated polyethylene fabric. From NRCA Trenton H. Cotney   Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

The historic Stanley Hotel in Colorado is getting a roof replacement for wood shake shingles that are more than 100 years old. The project will use cottage red shingles that look similar to the existing roofing materials and meet codes. Skyline Roofing plans to do the work by section, beginning with the highest exposure areas. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Case No. 14-2618 began as a formal hearing contesting the division’s issuance of a Stop Work Order. Pending that case, the petitioner filed a rule challenge in Case No. 14-4453RU, but later dismissed it with prejudice based on recent appellate court results. The division then filed a petition to re-open the rule challenge seeking an award for fees and costs, which was treated by DOAH as a fee petition, and a separate Case No. 14-5850F was opened. The fee petition was denied on its merits. From the Construction Regulation Subcommittee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

President Barack Obama's proposed budget for 2016 includes $13.2 billion in funding for the Labor Department, with $1.9 billion allocated to worker protection agencies, including the Occupational Safety and Health Administration. This would be a $1.3 billion increase from the previous Labor Department budget, but it is likely to face GOP resistance. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

As solar shingles' price continues to drop, they are expected to continue becoming more popular, particularly among homeowners who don't like how traditional solar panels look. New competitors, including GAF and Corning, are joining Dow and CertainTeed in offering these products. Meanwhile, new materials are coming into play, such as thin film, flexible glass and hybrid solar/thermal options. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Homeowner sued his architect for a faulty design of the air conditioning system that Owner contended made the home unsuitable for living.  The trial court found in favor of Owner and awarded damages for redesigning and replacing the air conditioning system, but disallowed loss of use damages.  While the Owner had expert testimony concerning the fair rental value of the residence, the expert admitted on cross examination that he was unaware of the Owner’s limited use of the residence during the period of the loss of use.  The District Court reversed on the grounds that, “once the homeowner had established his prima facie case of loss of use damages, the burden of proof shifted to [the defendants] to establish any set off.” From the Construction Regulation Subcommittee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

This action arose out of a complex construction defect action filed in Osceola County.  A subcontractor brought a fourth-party action against a sub-subcontractor who argued their written agreement provided for venue in another locale.  The trial court refused to transfer venue and the District Court agreed.  It appears that an agreed forum selection clause may be trumped by “compelling reasons” which include avoiding multiple lawsuits, minimizing judicial labor, reducing expenses to the parties, and avoiding inconsistent results. From the Construction Regulation Subcommittee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Homeowner sued Contractor, and Contractor filed a counterclaim and motion to dismiss contemporaneously with a motion to compel arbitration and abate.  The District Court held that these actions were not sufficient to create a waiver of Contractor’s right to arbitrate, particularly in light of the fact the Contractor had not initiated discovery. From the Construction Regulation Subcommittee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Ply Gem Industries recently launched "engineered slate" material for hinged hip and ridge shingles that conform to the roof's angles. The shingles use nearly 100 percent recycled resins, and the manufacturing process helps cut down on cupping and curling. The shingles are the first roofing product from the plastics-focused company. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Eighty percent of construction firms plan to expand their payrolls in 2015, and 7 percent expect to reduce headcount, according to the Associated General Contractors of America. The association conducted a survey as part of its Ready to Hire Again: The 2015 Construction Industry Hiring and Business Outlook, and the results show most contractors are optimistic about 2015. However, firms will face challenges such as worker shortages and regulatory issues. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Green building in the non-residential sector has grown from a 2% share in 2005 to between 44% and 48% in 2014, according to estimates. That translates to about $140 billion in market share. The surge in interest has prompted several manufacturers to move into the space with innovative products, including radiant heating systems, heat-blocking window shades and precast concrete fabrications to mitigate storm water runoff. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com