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Engineer Challenge to Project Review

Robert Wood, P. E. v. The Florida Board of Professional Engineers, DOAH Case No. 12-2900 RU, Final Order issued on February 20, 2013: An engineer’s challenge to board’s imposition of a “project review” as a condition of probation was found not to be a statement of general applicability that would require the board to adopt it as a rule.

NOTE: This order is based on the evidence that such condition of probation had been “used sparingly,” so this board will probably not engage in the rulemaking process in order to put such a condition in a rule (or, cease using this as a condition to probation, if they don’t have statutory authority for such as rule). (from RPPTL Subcommittee).

TAMPA. Fla. – (March 4, 2013)

Trent Cotney, of Cotney Construction Law in Tampa, Florida has been named one of Tampa’s top rated lawyers by LexisNexis Martindale-Hubbell presented by Tampa’s Legal Leaders. The ratings are featured in the April 30, 2013 edition of The Tampa Tribune and The Wall Street Journal.

As a Board Certified Construction Lawyer, Trent focuses his practice on all aspects of construction litigation and arbitration, including OSHA defense, lien law, bond law, bid protests, as well as construction document review and drafting. He routinely represents general contractors, subcontractors, suppliers, manufacturers, architects, engineers, and others in the construction industry in a variety of matters. For more information, please visit www.trentcotney.com.

Robert Petito v. Department of Business and Professional Regulation, Construction Industry Licening Board, DOAH Case 12-3154(F). The final order entered on January 17, 2013, found that contractor’s successfully overturning a denial of an application to transfer of license from one business entity to another, did not give rise to an award of attorneys fees pursuant to 57.105 nor 57.111. Even though contractor established that he was a “prevailing small business party,” the Construction Industry Licensing Board’s actions imposing conditions on the application approval were “substantially justified”. (From RPPTL Subcommittee).

Earth Trades. Inc. v. T & G Corporation, Case No. SC10-1892, filed January 24, 2013. The Supreme Court held that a general contractor’s knowledge that a subcontractor was not licensed does not create a defense of in pari delicto. As a result, Section 489.128 prohibited an unlicensed utility and excavation contractor from recovering for site work. (From RPPTL Subcommittee)