Florida Construction Law

Safeguarding trade secrets can help put roofers in a better position to secure and retain skilled workers. The lack of skilled labor is the number one threat to the roofing industry. To hire skilled supervisors, sales staff and management, roofers often have to look to competitors rather than hire employees new to the market. Given the competitive nature and demand for skilled labor, roofers have employed a variety of tactics to not only secure “loyalty,” but protect trade secrets and proprietary information. The primary tool to enforce confidentiality is a detailed employment agreement. However, most roofing contractors have had access to The Uniform Trade Secrets Act (UTSA). Adopted by 48 states, the USTA provides states with remedies for the misappropriation of trade secrets for companies operating in multiple states. The Defend Trade Secrets Act of 2016 (DTSA), effective May 12, now provides federal jurisdiction for trade secret misappropration. The DTSA doesn’t preempt stat...

Contractors should routinely review their roofing contract to make sure that it contains the most current terms and that the terms are enforceable. In these tough economic times, a contract can be a roofer’s best friend because it will contain terms that will assist the roofer in collecting money or defending claims. Although this article will not discuss all the provisions needed in a residential roofing contract, it will focus on five important provisions that every residential roofing contract should include. 1- Scope of Work Provisions – The majority of litigated disputes arise out of or relate to problems with the scope of work. Often, contractors are seeking payment for extras that were not originally contemplated in the contract. However, the homeowner may believe that the contract included all roofing work to be performed on the project. For example, a roofing contractor that is providing a new roof for a homeowner may encounter rotted decking that needs to be re...

The new rule requires employers in high-hazard industries to send OSHA injury and illness data contained on the OSHA 300 logs. In recent years, the Occupational Safety and Health Administration (OSHA) has dramatically increased rulemaking that has impacted the roofing industry. The latest rule requires the public disclosure of workplace injuries and illnesses in an effort to improve tracking efforts and transparency in roofing and other industries. While those are worthy endeavors, this final rule regarding the digital reporting of injuries and illness is, sadly, yet another example of OSHA leadership enacting a final rule without first understanding the real-world implications that the rule will have on the construction industry — roofing in particular. The new rule, which went into effect recently requires employers in high-hazard industries such as roofing to send OSHA injury and illness data contained on the OSHA 300 logs. OSHA will then post this informati...