Florida Construction Law

This case interprets the statute of limitation/repose for construction cases which defines the commencement date, in part, as the date of “completion . . . of the contract.”  See §95.11(3)(c), Florida Statutes.  The issue is whether the contract is completed when one party to the contract is complete (and makes a final application for payment) or when both parties to the contract are complete (and final payment is made).  The trial court erroneously held that the limitations period commences when the contract is completed by one party; but the Fifth District Court of Appeal reversed and held that “completion of the contract means completion of performance by both sides of the contract, not merely performance by the contractor.”  From The Construction Regulation Subcomittee Monthly Report Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com ...

This month's contract provision is intended to be used when the scope of work includes installation of permanent anchors or other safety equipment. Because a roofing contractor cannot monitor future use by third parties or enforce a requirement that other trades sign a waiver before using the anchors, a liability disclaimer should be included. This provision imposes upon the owner an obligation to affirmatively require any third persons to inspect and assume the risk of using the equipment, and it requires the owner to indemnify the roofing contractor against claims or damages arising from the use of the equipment by third persons:   Permanent anchors or other safety equipment:   Roofing Contractor may install permanent roof anchors or other fall-protection related equipment (collectively "Anchors") at Owner's building. Anchors are exclusively for Roofing Contractor's use when performing the work called for by this Agreement, and for Roofing Contractor's...

Goya Foods, as part of a 10-year global expansion, has opened a sustainable corporate headquarters in Jersey City, N.J. The space features a distribution warehouse and corporate office space fully powered by solar energy, with 1,200 solar panels on the roof. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

On April 16, the Department of Labor and Department of Education issued five separate proposed regulations, encompassing more than 2,500 pages, for the purpose of implementing the Workforce Innovation and Opportunity Act (WIOA). This law was enacted by Congress in 2014 and is designed to make worker training programs more effective and efficient. NRCA supported WIOA because it is designed to provide employers with more opportunities to use worker training programs and funding to meet their challenging workforce development needs. NRCA now is working with other construction organizations to analyze the proposed regulations and will be drafting comments aimed at ensuring the regulations provide for increased employer engagement in the workforce development system in an efficient and streamlined manner. NRCA and other coalition members sent a letter to the agencies requesting a 60-day extension to the existing 60-day comment period to provide sufficient time to analyze and develop comm...

The Zeimuls Centre of Creative Services of Eastern Latvia features unique, angled green roofs. The education center "fuses planar geometry and green design, drawing inspiration from the local legend of a princess stuck in the ground near the castle," Patrick Sisson writes. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

To help combat the risk of injury to workers in construction, Knife River Corp., Bismarck, N.D., and MDU Construction Services Group, Bismarck, have partnered with Oregon State University, Corvallis, to develop a facility for improving safety for construction workers and the general public. A $1 million grant from Knife River and MDU will help fund the construction of the facility, which will be named the MDU Resources Group Construction Safety Laboratory. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com

Rooftop solar installations are still an option in cold, snowy areas such as Michigan. Blue Terra Energy designs solar panels for up to 70 pounds of snow load, said owner David Camps. Additionally, using black panels helps melt the snow faster. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com