Engineer and Negligence

“Joseph Rickett, P. E. v. Florida Board of Professional Engineers (DBPR), Case No. 12-1202RX, Final Order filed on March 1, 2013. Held that petitioner did not have standing to challenge Rules 61G15-19.001(4), 61G15-30-34 and 61G15-36 as being invalid; and, (2) the prosecution of negligence in the practice of engineering, a violation of s. 471.033(1)(g), F….

Hurricane Roof Damages and Ordinance and Law Coverage

“Roy Jossfolk, v. United Property & Casualty Insurance Company, 38 Fla. L. Weekly D649a, Case No. 4D12-443, filed March 20, 2013.  Summary judgment for insurer for denial of “Ordinance and Law” coverage for hurricane roof damages was reversed based on such coverage not being originally appraised, but subsequently “incurred” (Ceballa v. Citizens Property Insurance Corp.,…

Licensing Complaint and Attorney’s Fees DOAH Opinion

“Frank Cleaton, P. E. v. Florida Board of Professional Engineers, DOAH Case No 12-3640F: In an extensive (51 pages) Final Order dated April 24, 2013, attorney fees and costs sought pursuant to s. 57.111, F. S. (2012) were denied. Although the licensee was found to be a “small business” and the “prevailing party” in an…

Roofing Contractor and Attorney’s Fees Case

“Mike Cobb v. David Durando and Jane Durando, husband and wife,38 Fla. L. Weekly D847a, Case No. 2D12-1991, issued April 17, 2013: After prevailing in a bench trial against their roofing contractor for breach of contract, the homeowners sought attorney fees pursuant to section 768.79 based on a single demand for judgment. The award of…

AIA Contracts and Consequential Damages

“Plantation Key Office Park, LLLP et. al. v. Pass International, Inc., et. al., 38 Fla. L. Weekly D736a, Case No. 4D12-169 and 4D12-199, issued April 3, 2013: Following a fire during construction, owner sued contractor and subcontractors for reformation (as well as breach of contract, negligence and statutory violations). On the issue of reformation, the…

Notice to Owner and Common Ownership

“Marble Unlimited, Inc. v. Weston Real Estate Investment Corporation, 38 Fla. L. Weekly D686b, Case No. 4D11-3113, issued March 27, 2013: Dismissal of contractor’s foreclosure of construction lien for failure to served a notice to owner was reversed due to the common identity of the corporate owner (following a transfer of title from one related…

Roofing Contractor’s Summary Judgment Reversed

“Carriage Hills Condominium, Inc., v. JBH Roofing & Construction, Inc., 38 Fl. L. Weekly D643a, Case No. 4D11-2251, filed on March 20, 2013. Summary judgment in favor of roofing contractor for breach of a “full scope contingency contract” (in which payments were to be approved and paid by insurer), based soled on the deposition of…

Trent Cotney Attends Quarterly FRSA Board Meeting

Trent Cotney recently attended the quarterly board and committee meetings for the Florida Roofing, Sheet Metal & Air Conditioning Contractors Association (FRSA) in Gainesville, Florida where he attended the Public Relations Committee, the Affiliate Council and Board of Directors meetings.

Authority of Arbitrators

“Suzlon Energy, A/S v. Ventus De Nicaragua, S. A., 38 Fla. L. Weekly D304a, Case No. 3D11-1087, filed February 6, 2013. An order confirming an arbitration award in a dispute over sales commissions for wind turbines was reversed due to the lack of authority by the buyer’s corporate representative to initiate arbitration. While the contract…

Trent Cotney, P.A. Sponsors Rough Riders Clay Shoot

Trent Cotney, P.A. sponsored the Rough Riders at its fourth annual Rough Riders Charity Sporting Clay Tournament on April 20, 2013.  Rough Riders is a dynamic organization and supports many charities ranging from Special Olympics to the Make a Wish Foundation to the Ronald McDonald House. The event was held at Tampa Bay Sporting Clays.

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