Florida Construction Law

Hurricanes have brought a myriad of legal issues to the forefront.  One of the most important things for any roofing contractor or supplier to remember during hurricane repairs are the Florida-specific, price gouging laws.  Florida Statute 501.610, commonly referred to as the Price Gouging Statute, states that during a declared state of emergency the rental or sale of essential commodities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency is unlawful. The statute defines a “commodity” as any goods, services, materials, merchandise, supplies, equipment, lumber, and other products necessary for consumption or use as a direct result of the emergency. Inflated prices on the rental or sale of the commodities is unlawful unless the increase in the amount charged is attributable to additional costs incurred in connection with the sale of the commodity. With regard the roofing industry, the Pri...

July 18, 2017 Anyone building a new house in South Miami — or in some cases renovating existing ones — will have to install solar panels after the city commission approved a groundbreaking law Tuesday night. The measure, the first of its kind in Florida, will go into effect in two months on Sept 18. The ordinance passed 4-1 Tuesday night, with commissioner Josh Liebman dissenting. Under the rules, new residential construction would require 175 square feet of solar panel to be installed per 1,000 square feet of sunlit roof area, or 2.75 kw per 1,000 square feet of living space, whichever is less. If the house is built under existing trees, the shade may exempt it. Home renovations that replace more than 75 percent of the structure or extend the structure by more than 75 percent would also have to follow the new ordinance. South Miami Mayor Philip Stoddard, a biology professor at Florida International University, has championed this measure. His entire home runs on solar a...

Colorado, Texas, Missouri, and other Midwest and Southern states are known for their heavy storms, bringing wind, tornadoes and hail. Increasingly, they're also becoming known for fraudulent roofing contractors, a phenomenon in which companies prey on homeowners following major storm events and take off with their insurance money. In Missouri, "it's changed the landscape entirely," said Jason Shupp, president of St. Louis-based Ferguson Roofing and past president of the Roofing and Siding Contractors Alliance (RSCA), a regional association serving Missouri and parts of Illinois. "How any contractor goes to market has changed quite a bit." Fraudulent storm chasers also generate a sense of urgency among homeowners that isn't always necessary. "They have a sense that they have to move really quickly, which isn't always the case," Shupp said. That's because this kind of "storm chase" knows they must close the deal quickly befo...

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...

As of the most recent election cycle, 26 states and the District of Columbia have permitted either recreational or medicinal use of marijuana. Contractors and employers will be faced with evaluating their drug policies and must be aware of what the courts have to say about the matter. It’s important to remember that while states have legalized its use, marijuana is still illegal under federal law. This means that contractors working under a government contract or for a federal employer are prohibited from using marijuana in any way – even for medicinal purposes. This counts for both on-site use as well as off-site or at-home use. While federal law makes it clear that an employee who fails a drug test while working under government contract or for a federal employer can be fired by the roofing contractor, the laws vary by state. Two issues up for continued discussion include handling employees who arrive at the job site under the influence of marijuana and the employer’s right to a...

Demand for roofing nationwide will rise 3.5% per year through 2017, reaching 268 million squares worth $27.2 billion, the Freedonia Group forecast today. That marks a turnaround from the 2007-2012 period, when demand in the United States shrank by 7.7% to 225.6 million squares from 244.5 million. Credit gains in both residential and nonresidential markets for the growth, the Cleveland-based research group said. All the various subcategories of roofing are set to grow, but at different rates. Demand for asphalt shingles--the dominant category with 57% of the market--will rise 4.1% per year to 156.5 million squares in 2017, Freedonia said. Among other product types, demand for bituminous low-slope roofing will increase 1.2% annually to hit 35.5 million squares in 2017, metal roofing demand will grow 3.3% per year to 24 million squares, elastomeric roofing will rise 2.4% annually to 20.7 million squares, and demand for plastic roofing will see 3.9% annual growth to 13.7 million squar...

According to the U.S. Bureau of Labor Statistics, on average, more than four roofing workers die each month because of falls.  And the National Safety Council reports more than 6,000 people die each year from falling from roofs and ladders. Consequently, before starting any type of roofing job, whether it is a complete roof system replacement, repair, or basic maintenance, there are a few steps you can take to minimize the risk of falls.   Issue employees appropriate safety equipment and educate them about how to properly use and wear hard hats, harnesses and suitable footwear.   Always inspect harnesses for tears, splits, rips, and buckle or D-ring damage. Place a great deal of importance on employees taking preventative safety measures. Ladders should be kept away from electrical wires and electrical boxes, consider using ladders made from nonconductive materials such as fiberglass. You should contact the building owner and local power company before starting...

Study finds a higher rate of roof fatalities among roofers in residential construction: younger, Hispanic, racial minorities and immigrant workers also had higher rates A new NIOSH-funded study on fatalities in the construction industry suggests roofers in residential construction are among those most likely to die in falls from roofs. The study, " Fatal falls from roofs among U.S. construction workers ," finds that "the odds of fatal falls from roofs were higher for roofing and residential construction than any other construction sector." Other groups with higher rates of fatal falls from roofs included workers younger than 20 years or older than 44 years, racial minorities, Hispanics, and immigrant workers. Workers in southern regions also had a higher rate of fatal falls compared to the construction industry as a whole.  The authors emphasize the need for employer compliance with OSHA fall protection regulations and effective training in a language an...

FRSA Credit Union Launches New Members’ Only Benefit The FRSA Credit Union Board of Directors approved a new member’s only benefit to assist contractors in helping consumers finance a new roof or repair job. And the best part is that you, the contractor, don’t have to be involved in the process. All you need to do is give the consumer the contact information for the Credit Union and they do all the work! You do need to be a member of the Credit Union (you can open an account for $7), there are no fees to you, and the Credit Union will work with your customer to arrange financing. Rates vary and are based on the customer’s credit score. To become a member of the Credit Union, you may set up a personal account or a business account (download form you wish to use). Or you can contact Marissa or Adrienne at 877-657-7212 or visit their website at www.frsacu.org .  (from FRSA Roof Flash).  

Florida's Association of Roofing Professionals cautions that Florida residents could face property insurance rate hikes if existing building codes are replaced by a generic "International Building Code". Florida Building Commission committees are considering requests to preserve existing code this week. Florida Building Commission (FBC) committees begin meeting this week to consider requests to preserve Florida-specific building regulations for the 2013 code cycle. Without approval by the Commission, the codes will disappear in favor of a generic, international code that will likely result in less protection and higher property insurance rates for Florida residents. Mark Zehnal, CPRC, the Director of Technical Services for FRSA, submitted more than 200 requests this summer hoping to preserve the current code on behalf of Floridians. “FRSA is taking a stand, not just for the contractors but for the people of the State,” Zehnal says. Legislation introduced since th...

The quarterly Florida Roofing, Sheet Metal & Air Conditioning Association Board Meetings will be held at the Crowne Plaza in Melbourne today and tomorrow. 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  

1926.501(b)(2)(i) Each employee who is constructing a leading edge 6 feet (1.8 m) or more above lower levels shall be protected from falling by guardrail systems, safety net systems, or personal fall arrest systems. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.  (osha.gov) Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa...

I will be speaking at the Roofing Contractors Association of South Florida (RCASF) on October 19, 2011 in Pembroke Pines on OSHA.  The meeting starts at 7:00 p.m. and will be held at the Grand Palms Resort.  Attendees will receive 1 hour of CILB credit.   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