Florida Construction Law

Many employees in the roofing industry moonlight or perform side jobs after work or on the weekend. There are a lot of differing opinions on whether side work is acceptable or not. In some cases, if the side work is not taking business away from the company and the company’s resources and tools are not being used, a contractor might decide it’s all right for employees to do side work. In other situations, the side jobs may be competing with the business, cause the employee to perform poorly on their day job, or result in the employee habitually leaving early to get to their side job. Whatever your stance on the situation, contractors should have solid policies in place on the issue in their employee handbooks and should consider asking all employees to sign a non-compete and confidentiality agreement. Confidentiality agreements, also known as non-disclosure agreements, protect private, proprietary information and trade secrets and should explicitly define what is to be kept confident...

Additional insureds are typically required on Commercial General Liability (CGL) policies of prime contractors and subcontractors. An owner may require the prime contractor to name them as an additional insured on their CGL policy. Similarly, a prime contractor may require the roofer to add the prime as an additional insured on the roofer’s CGL policy.              When either of these situations take place, the additional insured (whether it be an owner or the prime contractor) receives two primary benefits. First, the additional insured receives added coverage without having to pay the insurer directly, because only the named insured is required to make payments on the premium; however, the cost of additional insured is usually passed on to the customer. Second, generally, an insurer may not pursue a subrogation claim against any additional insured because an insurer cannot sue its own insured for indemnity (although the...

The standards apply to: All contractors who enter into contracts which are for construction, alteration, and/or repair, including painting and decorating [ 29 CFR 1926.10(a) ].   All subcontractors who agree to perform any part of the labor or material requirements of a contract [ 29 CFR 1926.13(c) ].   All suppliers who furnish any supplies or materials, if the work involved is performed on or near a construction site, or if the supplier fabricates the goods or materials specifically for the construction project, and the work can be said to be a construction activity [ 29 CFR 1926.13(c) ].  www.osha.gov Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 ( 813) 229-3333 www.glennrasmussen.com