Florida Construction Law

Roof Integrated Solar Energy (RISE) Inc. is accepting applications for its next Certified Solar Roofing Professional (CSRP) exam, which will be held Sept. 10. The CSRP designation is a voluntary certification for professionals who plan and oversee installation of roof-mounted photovoltaic (PV) systems. The credential evaluates whether candidates have the underlying knowledge required to successfully install a roof-mounted PV system. The application deadline is Aug. 14. 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

In honor of National Roofing Week July 5-11, former NRCA President Nelson Braddy, president of King of Texas Roofing Co. LP, Grand Prairie, led an effort to provide a new roof system for the Momentous Institute in Dallas, an organization that serves 6,000 kids and family members directly each year through mental health programs and a social emotional health based curriculum at its nationally acclaimed Momentous School. The project also marks the kickoff of a campaign to promote National Roofing Week. 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

Roof Integrated Solar Energy (RISE) Inc. is accepting applications for its next Certified Solar Roofing Professional (CSRP) exam, which will be held Sept. 10. The CSRP designation is a voluntary certification for professionals who plan and oversee installation of roof-mounted photovoltaic (PV) systems. The credential evaluates whether candidates have the underlying knowledge required to successfully install a roof-mounted PV system. The application deadline is Aug. 14. 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 University of Technology in Sydney, Australia, has created a new roof material made up of layers of specialized plastics over a layer of silver. It reflects the sun's rays, staying 50 degrees cooler than current white roofs. "Cool roofing reduces the severity of the urban heat island problem in towns and cities and helps eliminate peak power demand problems from the operation of many air conditioners," said Geoff Smith, co-author of the research. 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 offers LEED v4: Roofing-related Provisions, which explains the roofing-related provisions of the most recognized sustainable building rating system -- the LEED Rating System, Version 4 (LEED v4). The publication offers background information, descriptions of possible roofing-related credits and prerequisites for rating systems for the Building Design and Construction and Building Operations and Maintenance categories. It also includes a listing of typical LEED-related submittals and explains which roofing-related provisions have changed in LEED v4 versus previous LEED editions. The member price for the publication is $35, and the nonmember price is $65. 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 United States Agency for International Development is working with a company in Sri Lanka to create eco-friendly roofing products made from entirely recyclable materials. A new factory will be built with about an $800,000 investment from USAID and Building Solutions, and its manufacturing process will reduce waste and energy consumption in the developing country. 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 American Modern Insurance Group and the Insurance Institute for Business and Home Safety are conducting a roof-aging study using four structures with asphalt shingles from six top manufacturers. The organizations plan to study the aging of the roofs over 25 years. The project should provide data on the effects of different weather conditions over a period of time. 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

Roofing manufacturer Marley Eternit is pushing the U.K. government to use pollution-eating roof tiles to improve air quality. The tiles are used in Japan and the Netherlands. A photocatalytic coating on the tiles absorbs nitric oxide, one of the main causes of air pollution. 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

Startup HoverStat Technologies is working on a drone-automated roof-inspection system that can help assess damage more quickly. One of the company's partners recently received approval to experiment with the drones for commercial purposes. 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

Technica LLC v. Carolina Casualty Ins. Co.,  749 F.3d 1149,2014 U.S. App. LEXIS 8023 (9th Cir., April, 29, 2014) The 9th Circuit held that the fact that a subcontractor was unlicensed under California state law did not affect the subcontractor's ability to assert a Federal Miller Act payment bond claim.  The Court concluded "the Miller Act may not be conditioned by state law." Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Saint James' Episcopal Church in Skaneateles, N.Y., is replacing its 101-year-old roof at a cost of $500,000 to $600,000. The project will include replacing the main roof and making repairs to the windows, eaves and chimney. Easton Specialties is working on the project, which is scheduled to be completed by mid-August. 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

Numerous North County, California cities are investing in green energy, including solar power, to save taxpayer money. Carlsbad invested $1 million in solar roofs for the parking lot at Alga Norte Community Park and plans to install solar at its Safety Training Center. Meanwhile, Vista installed 192 solar panels on two buildings at the Gloria McClellan Adult Activity and Resource Center through a federal grant. 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 Biltmore Estate in Asheville, N.C., is undergoing extensive repairs to its 120-year old copper roof, including the replacement of the 500 to 600-pound north tower ridge cap. A temporary rubber membrane seal is in place during the work. Additional hips and panels on the tower will also be replaced. 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

Solar Power has agreed to buy Shanghai All-Zip Roofing System Group for $44.3 million. All-Zip is a top roofing provider in China. All-Zip will further Solar Power's strategy to tap China's increasing demand for distributed generation solar PV projects, said Solar Power Chairman Xiaofeng Peng. He noted China's National Energy Administration plans to "actively support" such projects. 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

Almost  two  years  after  the  Ninth  Circuit  Court  of  Appeals  in  Assoc.  General Contractor’s  v.  Cal.  Dep’t  of  Transportation  upheld  Caltrans  DBE  outreach program, on March 25, 2015  United States District Court in Chicago Judge Harry Leinenweber granted summary judgment in favor of the United States Department of Transportation, (“USDOT”) the Illinois Department of Transportation (“IDOT”) and the Illinois State Tollway Highway Authority (the “Tollway”).  Midwest Fence  Corp  is  a  non-DBE  fencing  and  guardrail  contractor.  Midwest brought  a  constitutional  challenge  to  the  federal  and  Illinois  Disadvantaged Business  Enterprise  programs.  Midwest’s  complaint  alleged  that  the  DBE programs  violated  the  Equal  Protection  clause  of  the  U.S.  Constitution, the Civil Rights Act of 1866, The Civil Rights Act of 1964 and the Illinois Civil Rights Act of 2003.    Specifically,  Midwest  asked  the  court  to  declare  the  federal  DBE program  un

This case concerns a contractor’s failed attempt to obtain relief against the lender on a large development project.  Lender obtained a final judgment of foreclosure in September 2011 against developer.  In December 2011, contractor filed suit against lender for an equitable lien and unjust enrichment.  The suit also included a claim against developer for breach of contract for failure to pay nearly $500,000 invoiced in June 2009 that developer failed to submit to lender.  The trial court entered summary judgment in favor of lender and the First District Court of Appeal affirmed on two grounds. The First District held that the one-year statute of limitations on contractor’s equitable lien claim commenced when it last performed work and that the limitations period expired well before it filed suit in December 2011.  The court summarily rejected contractor’s argument that the limitations period did not begin until lender filed suit to foreclose on the property. The First Distric

A  fee  agreement  between  co-counsel  stated  that  the  appellate  lawyers  counseling  at  the trial court level would earn a stated hourly fee plus 1-1/2% of gross recovery were settled prior  to  filing  post-trial  motions  OR  2-1/2%  of  gross  recovery  if  case  settled  after appellate counsel were required to prepare post-trial motions.  After jury verdict of $13M for  plaintiff,  defendant  filed  post-trial  motions  and  one  defendant  settled  with  plaintiff.  The other defendants proceeded on appeal which served to affirm the jury verdict. The trial attorney's interpreted the agreement to require that they pay only the hourly fee plus  1-1/2%  but  the  appellate  counsel  demanded  their  hourly  fee  plus  2-1/2%  of  the recovery.    Once  the  underlying  medical  malpractice  suit  was  resolved,  the  trial  court found for the trial attorneys allowing the hourly fee plus 1-1/2%.  The Fifth District Court of Appeal held that the trial court had reach

Nursing  home  admission  agreement  contained  arbitration  agreement  that  stated,  "If  not cancelled,  this  Agreement  shall  be  binding  on  the  Resident  for  this  and  all  of  the Resident's other admissions to the Facility without any need for further renewal."  Estate alleged negligence against the nursing home and sought to avoid arbitrating the dispute.  Accordingly,  Estate  opposed  Facility's  Motion  to  Compel  Arbitration  which  the  trial judge  denied.    On  appeal,  the  Court  reversed  the  denial,  upholding  the  validity  of  the arbitration  agreement  after  applying  principles  of  contract  interpretation  to  the  specific arbitration agreement:    1.  Arbitration  agreements  are  contractual  in  nature  and  their  construction remains  a  matter  of  contract  interpretation.    Seifert  v  U.S.Home  Corp,  750  So.  2d  633 (Fla. 1999);    2.  All provisions of arbitration agreement must be interpreted in such a way

The  First  District  Court  of  Appeal  upheld  an  exclusivity  provision  in  a  lease,  thus allowing tenant-restaurant to block landlord from leasing to another restaurant upon lease renewal.    Lease  required  that  tenant-restaurant  not  be  in  default  in  order  to  renew  the lease.  Landlord claimed tenant-restaurant was in default at time it served its first notice to  renew  lease  because  it  owed  interest  and  a  $50  processing  fee  from  earlier  late-paid rent.  However, landlord's attorney had written in a letter that the tenant-restaurant could exercise the option to renew after "addressing other (non-interest and non-processing fee) issues. From the Construction Transactions Subcommittee 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  contract provision is intended to be added to a roofing contractor's downstream subcontract document. In a previous contract provision, NRLRC discussed the importance of binding subcontractors to any insurance requirements imposed upon the roofing contractor. There are some instances the roofing contractor should impose even more demanding insurance requirements on its subcontractors, such as when reroofing an occupied building, school or condominium. In these situations, the roofing contractor should require its subcontractors to maintain insurance that will provide coverage in the event of a personal injury claim arising from exposure to fumes, or in the event hazardous substances are spilled or released at the property:   Pollution insurance coverage:   Subcontractor shall carry pollution coverage providing coverage for claims arising from fumes, vapors, emissions, spills and other such claims arising out of Subcontractor's Work. Roofing Contractor shall be named