Florida Construction Law

Michael Scantland v. Jeffry Knight, Inc ., Case No. 8:09-CV-1985-T-17TBM, U. S. District Court, Southern District of Florida, Tampa Division, Order entered on March 29, 2012. Partial Summary Judgment was entered in favor of defendant cable installation company for customers of Bright House Networks in a collective action under Fair Labor Standards Act brought by individual cable technicians claiming to be “employees,” rather than “independent contractors,” based on court’s analysis of installer contracts and an “economic realities” test of the parties’ relationship, including various factors dealing with the nature and degree of “control” over which the work was performed, the opportunity for profit and loss, investment in materials and the presence of special skills. (from RPPTL subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

"Generally, a property owner who employs an independent contractor to perform work on his property will not be held liable for injuries sustained by the employee of an independent contractor duing the performance of that work."  Strickland v. TIMCO Aviation Services, Inc ., 2011 WL 2570775 (Fla. 1st DCA 2011). 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