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Showing posts with the label agency

Acting as Agent

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If you are acting as an agent for another person, you must disclose the identity of the principal and indicate that you are representing the interests of the principal.   Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Agency Rule-Making

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State agencies are beginning to again promulgate rules since the Governor’s Executive Order of January, 2011, “freezing” new rules has now been stricken down by the Florida Supreme Court , in Whiley v. Scott. However, agencies and boards are still required to identify rules that are obsolete, unnecessary or provided for in federal rules, and to report all such rules to the Governor’s new Office of Economic Development; it is not yet clear if those rules will be repealed via the statutory rule-making process (Chapter 120) or presented to the 2012 legislature for statutory repeal, but many of the rule repeals noted below are a result of that Executive Order. (RPPTL Construction Committee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Agency and Express Authority

Anyone who has been given express authority to act on behalf of a contractor has the power to bind that contractor.  For example and generally speaking, if a project manager has been given the express authority to execute change orders, the project manager will be deemed an agent for the contractor and bind the contractor by executing those change orders. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com