Florida Construction Law

When you're working in the heat, safety comes first. With the OSHA Heat Safety Tool, you have vital safety information available whenever and wherever you need it — right on your mobile phone. The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures   that should be taken at that risk level to protect workers from heat-related illness—reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness. Stay informed and safe in the heat, check your risk level. For more information about safety while working in the heat, see OSHA's  heat il

Last month, OSHA officially proposed its standard for hard hats used in construction and other industries. The proposed revision seeks to bring OSHA's rules in line with current American National Standards Institute (ANSI - Z89.1) standards for hard hats. Hard hats in use that were manufactured to ANSI standards issued in 1997 and 2003 will continue to be permitted. Per the notice, OSHA says "employers will be able to continue to use the same equipment they are currently using to meet their compliance obligation under the existing standards' design-criteria requirements." (From FRSA Roof Flash). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

(From FRSA Roof Flash) After months of debates, the country now has a new law mandating wide-spread healthcare reform. The law is widely controversial, but there is no doubt that the Patient Protection and Affordable Care Act (PPACA) means big changes for healthcare providers, insurers, drug manufacturers, the uninsured, employees, small businesses and large employers; in other words, everyone. The healthcare bill requires nearly all Americans to obtain health insurance. The law expects that most workers will get that coverage through their employers and has created a system of subsidies and penalties to make this possible. If you're an employer, the size of your workforce is significant, as the law has different requirements depending on the number of employees that your business employs.  Small Business and Insurance Exchanges: ▪ Small business is not specifically defined, but there are a number of sections that apply only to "entities with fewer than 25 employ

In SureTec Insurance Co. v. National Concrete Structures, Inc., Case No. 12-cv-60051 (S.D. Fla. July 3, 2012) the surety paid losses and expenses and sued the principal and  individual indemnitors on account of those losses. One of the individual indemnitors  filed a counterclaim for damages and rescission based on alleged violation of the federal  Equal Credit Opportunity Act (“ECOA”). The surety moved to dismiss the counterclaim. The court held that “neither the payment and performance bonds issued by  SureTec nor the Indemnity Agreement constitute a credit transaction within the meaning  of the ECOA, because no defendant obtained any right to defer the payment of a debt.”   The court therefore dismissed the indemnitor’s ECOA counterclaim with prejudice. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Section 713.04 provides that you do not need a Notice of Commencement for subdivision improvements involving grading, excavating, laying of pipes, paving and similar work.   Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com