Florida Construction Law

Personal guaranties are strictly construed.  Check to see if your personal guaranty covers all accounts or only specific job accounts.   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

Top 10 most frequently cited OSHA standards violated in FY 2011 (Federal OSHA data) Scaffolding, general requirements, construction (29 CFR 1926.451) Fall protection, construction (29 CFR 1926.501) Hazard communication standard, general industry (29 CFR 1910.1200) Respiratory protection, general industry (29 CFR 1910.134) Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) Powered industrial trucks, general industry (29 CFR 1910.178) Ladders, construction (29 CFR 1926.1053) Electrical systems design, general requirements, general industry (29 CFR 1910.303) Machines, general requirements, general industry (machine guarding) (29 CFR 1910.212 (from osha.gov) 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

Under a Miller Act payment bond, all first and second tier subcontractors and suppliers are entitled to  make a claim for payment. However, third tier subcontractors and suppliers are not entitled to make a claim on the bond.   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

489.113 requires that “A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration in the respective trade category,” but goes on to say “A general contractor shall not be required to subcontract structural swimming pool work. All other swimming pool work shall be subcontracted to an appropriately licensed certified or registered swimming pool contractor.” 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

State agencies are beginning to again promulgate rules since the Governor’s Executive Order of January, 2011, “freezing” new rules has now been stricken down by the Florida Supreme Court , in Whiley v. Scott. However, agencies and boards are still required to identify rules that are obsolete, unnecessary or provided for in federal rules, and to report all such rules to the Governor’s new Office of Economic Development; it is not yet clear if those rules will be repealed via the statutory rule-making process (Chapter 120) or presented to the 2012 legislature for statutory repeal, but many of the rule repeals noted below are a result of that Executive Order. (RPPTL Construction Committee). 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

Jensen v. Bailey , Case No. 2D10-939, filed November 30, 2011 (NOT FINAL): Trial court award of damages pursuant to Johnson v. Davis for code violations not disclosed to residential purchaser was overturned because of lack of evidence that sellers had actual knowledge of deficiencies. The court held that construction knowledge (“should have known”) was not sufficient to support such a claim.  (from RPPTL Construction Committee). 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

I am pleased to announce the opening of my own law firm, Trent Cotney, P.A. For more information, please check out www.trentcotney.com . 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