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Florida Court Overrules Decision Denying Fees in Miller Act Claim

Earlier this year, a Florida appellate court overruled a decision denying a claim for attorneys’ fees by a prime contractor and its surety after prevailing in its defense of a Miller Act claim. In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., 2017 WL 244066 (11th Cir. 2017), a subcontractor and sub-subcontractor on a…

Modifications to Required Contractual Disclosures

The legislature recently passed a modification to the Florida Homeowners’ Construction Recovery Fund provision which is required in construction contracts. The language was revised as follows: FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED…

Overtime Rule Enforcement Delayed

The proposed changes to the FLSA provision governing overtime pay have been a major concern amongst small and larger businesses nationwide. The most controversial proposed change involved the increase of the “salary test” threshold from $23,660 to $47,476. Essentially, this would mean that any salaried worker making below this new threshold could be a viable…

South Florida Severe Weather Advisory

Hurricane Matthew’s shift west imposes additional requirements on property owners and contractors operating construction sites in Miami-Dade and Broward counties. Under this severe weather advisory, the requirements are as follows: In Miami-Dade County: Loose objects (i.e., gardening supplies, display racks, toys, chairs, industrial supplies/materials) located outside of any residential, commercial, or industrial property should be…

Unlicensed Contracting During State of Emergency

Any person engaging in contracting services in the State of Florida must be currently registered, certified, or possess a certificate of authority through the Florida Department of Business and Professional Regulation (DBPR). A violation of this requirement is a misdemeanor of the first degree. The licensing rules still apply during a state of emergency; however,…

Hurricane Matthew Preparedness

Be Ready – Have a Construction Hurricane Disaster Preparedness Plan Many Florida residents are preparing for the potentially devastating impact that Hurricane Matthew may have on the east coast of the United States. It’s critical for all of us to prepare our families, homes and other items for the damage the storm may cause. As…

TRENT COTNEY, P.A. ANNOUNCES GRAND OPENING OF TALLAHASSEE OFFICE

FOR IMMEDIATE RELEASE Trent Cotney, P.A. is pleased to announce the opening of its new office in Tallahassee with Anthony D. Tilton serving as the resident attorney. The expansion of the firm to Tallahassee allows the firm to better serve the construction industry throughout the Florida panhandle in a variety of matters including OSHA defense,…

Attorney Hilary Morgan Selected for ABC’s NexGen Leadership Program

FOR IMMEDIATE RELEASE Trent Cotney, P.A. is pleased to announce that attorney Hilary Morgan was selected this week for the 2017 Class of Associated Builders and Contractors, Inc.’s NexGen Leadership Training Program. NexGen is an eight month program focused on preparing young construction professionals for leadership roles within the local construction industry through industry-based classes, job-site visits, and skills…

TRENT COTNEY AWARDED AS 2016 ICFM 500 LEADING LAWYER

InterContinental Finance & Law Magazine (ICFM) Recognizes Trent Cotney as One of the Best 500 Lawyers in the World FOR IMMEDIATE RELEASE The ICFM 500 is the definitive list of the top 500 lawyers, barristers, and solicitors from across the globe. The magazine has researched and recognized the very best in terms of qualification, customer…

Court Finds in Favor of Unlicensed Contractor

In Brock v. Garner Window & Door Sales, Inc., 187 So.3d 294 (Fla. 5th DCA 2016), the Court held that an unlicensed window installer could enforce the 4 year statute of limitations on construction contracts with licensed contractors even though he was unlicensed.  It further held that Florida Statute 489.128, Florida Statutes which makes contracts…

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