Florida Construction Law

Harbor Landing Condominium Owners Association, Inc. v. Harbor Landing, LLC, et. al., Case No. 2D10-2796 and 1D11-2055, filed January 30, 2012: In an action for damages for breach of statutory implied warranty pursuant to s. 718.203(2), the court affirmed the trial court’s dismissal of a railing manufacturer who was not a “supplier” as that term is used in the statute. The court noted that a manufacturer could also be a supplier to the job, but that was not the situation in this particular case.  (RPPTL Subcommittee Report). 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

"Question : I am a supplier of roofing materials. I deliver roofing materials to the job and place the material on the roof. What are my obligations? Answer : Because your product will be used during construction activity, you are required under Subpart M to protect your employees from falls of 6 feet or more to lower levels when possible. Therefore, employees must be provided with personal fall arrest equipment to attach to an anchor point if available. In the case of vendors delivering roofing materials, OSHA will require the following: Gaining Access to the Roof: A handhold (rope, chain, or other railing) must be attached to the conveyor belt so that the employee has something to steady himself with as he gains access to the roof or a ladder must be used to gain access to the roof. Distributing the Roofing Materials: Once on the roof the vendor's employee will receive the roofing products from a conveyor belt (lift truck or similar equipment) and then...

Subtiers may use liens to attach to the owner's real property interest.  However, there is some support that a subtier contractor or supplier can sue the owner under equitable theories despite not having a contract and obtain a money judgment against the owners as well as pursue lien rights.  See 85.021, Florida Statutes. 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

A contractor is not required to identify in its Contractor’s Final Payment Affidavit unpaid material suppliers that have not served a Notice to Owner.  Fetta v. All-Rite Paving Contractors, Inc. , 50 So.3d 1216 (Fla. 4 th DCA 2010). 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

This video discusses Section 716.06, Florida Statutes and the proper service and use of a Notice to Owner on Florida construction projects. Here is a direct link: http://video.yahoo.com/watch/7602360/20171942