Roofing law has become a specialized area of construction law given the uniqueness of the legal issues arising in the area. Many states, including Florida, have laws governing contractors involved in roofing work. These laws are found in the state’s building codes and they are enacted to ensure that all buildings meet a specific standard to withstand hurricane force winds. In fact, a large portion of what legal professionals refer to as “roofing law” are standards that were created in response to powerful hurricanes affecting roofing conditions in the state. Other types of roofing laws govern the contractors who install roofing. These regulations are in place to protect consumers from unlicensed contractors and ultimately, bad workmanship.

Strict Licensing Requirements in Florida

Becoming a certified roofing contractor in Florida is a lengthy and stringent process. The Florida Department of Business and Professional Regulation administers the certification process. The contractor must first take and pass a state certification examination. Applicants for the license are required to possess four years of roofing experience or a combination of education and experience in the field. All applicants who apply for the license must show proof of credit worthiness. They must establish financial stability and responsibility through the submission of credit reports showing FICO credit scores and other financial factors. All applicants are subject to fingerprinting and background checks as part of the licensing process. Due to the dangerous nature of roofing, applicants are required to attest that they have acquired liability and property damage insurance. Applicants are also required to obtain workers’ compensation or an exemption where applicable. There is a fee associated with the application filing that the applicant must fulfill. Individuals and other businesses that hire unlicensed roofing contractors are subject to harsh monetary and criminal penalties.

Effect of Hurricanes on Florida’s Roofing Law

Florida has some of the strictest roofing contractor licensure rules and building standards in the country. This came about during the disastrous aftermath of Hurricanes Charley, Frances and Ivan in 2004. Prior to that, Florida had already reformed its building codes after Hurricane Andrew ravaged South Florida in 1992 with many homes left in ruins. Florida Statute 553.844 and related laws brought heightened inspection standards, stringent licensure requirements, and more comprehensive building codes. Before the effects of the recent hurricanes, roofs were not regularly inspected and the standards were rather outdated. In areas such as South Florida, where hurricanes carry strong winds, the codes are even stricter. During the aftermath of Hurricane Irma, Florida relaxed roofing laws to accommodate the need for contractors to revive home and businesses that were devastated during the storm. The suspension of certain regulations was a result of the emergency response and was limited in time. At the same time, the suspension of those laws also came with heightened inspection practices. This goes to show that one must be legally versed when performing roofing projects in Florida.

Fort Lauderdale Construction Attorney

Florida has some of the strictest roofing laws in the country. It is wise to consult with an experienced construction law attorney who can adequately respond to legal issues arising from your roofing business or your agreement with a roofing contractor. Protect your construction project and your money. Attorney Brendan A. Sweeney has years of experience advising on building standards and roofing regulations. Contact us now for a consultation.

Resource:

myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1030&clientCode=0603&XACT_DEFN_ID=3022

Construction workers who are injured on the job are almost always covered by workers’ compensation plans. Other insurance plans cover the injuries of passersby and others who are unrelated to a given construction project. The dynamic gets sticky when a third party is at fault for an injury.

The Rights and Obligations of Third Parties

Employers have the least control over injuries caused by third parties. That is because one cannot wholly foresee this type of injury occurring. To gain a better understanding of the third party dynamic in construction injury, it is important to define one key term. In the construction context, a third party is an entity that is not a principal party to the construction agreement. The manufacturer of construction equipment is considered a third party. A third party is also the engineer who designed the electrical functions of the building. Subcontractors may also qualify as third parties as well as individuals who cause vehicle accidents on construction sites.

Examples of Third Party-Caused Injury

• The electrical engineer who designed the electrical system in a building chose a type of wiring in the specifications that is not suitable for the system being built. The wire subsequently causes the electrocution of a worker.

• In a neighborhood where a new home is being built, the driver of a private vehicle negligently hits a construction worker while driving on a common roadway. The accident occurs even with visible ‘caution’ and ‘slow down’ markers.

• A subcontractor is hired for one day to fumigate an older building that is being renovated. The subcontractor negligently selects a chemical product for use in the fumigation. The workers who ingest the product have an adverse reaction as a result.

Tort Law Analysis of Third Party Liability

A court engaging in a tort analysis for the scenarios above will consider many factors.  The court will first determine whether the party in question is a true third party. In other words, the court will determine whether the party is directly tied to the bilateral construction contract where liability arises out of contractual duties. The court will then determine whether there is any fault on the part of the contractor or its workers. Florida operates under a pure comparative negligence regime when it comes to sharing fault. This means that the court will lessen the injured party’s (i.e., the construction worker) award amount for any fault that is attributable to them. The court will also look into the negligence of the third party. How egregious was it? Does it call for punitive damages? The court will also determine whether there are any other tangential third parties who are potentially liable.

Fort Lauderdale Construction Attorney

Brendan A. Sweeney is an experienced construction injury attorney who will provide you with invaluable advice and help you navigate your construction-based legal issue. You need an attorney who will tirelessly defend you and understands the complexities of Florida’s construction injury liability laws. Contact us for your legal assessment today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Falls

Falls are the leading cause of death in the construction industry. Falls are covered under 29 CFR (Code of Federal Regulations) 1926 Subpart M of the federal regulations. The cause of fall accidents stem from not anticipating the proper equipment that is necessary to complete a given job. If proper equipment is available and work is anticipated beforehand, workers will not have to engage in unsecure climbing. Workers who are not properly trained on anti-fall equipment also cause falling fatalities. Unfortunately, even workers who do access to anti-fall protection devices can lack proper training. This results in accidents that are completely avoidable. Subpart M of the CFR has an entire section dedicated to scaffolding as well as its proper usage and training guidelines for employers.

Electrocution

Electrical safety regulations are covered under Subpart S of 29 CFR 1910. This regulation places an emphasis on the first line of defense: personal protection. Having the proper protective gear when working around electricity can be the difference between life and death. This section also provides guidance on how electricity is transmitted in the most unexpected ways. This portion is to inform workers to be aware of ways electricity can pose a danger outside of the normal instances. As with falls, regulators want to ensure that contractors are providing its employees with the proper training to ensure that safety equipment is properly utilized.

Struck by an Object

Being struck by an object is another major cause of death in the construction industry. This category is peculiar as compared to the rest, because it can manifest through natural and man-made causes. For example, a careless forklift worker can crash into a fellow worker if they are not well-trained in forklifting. Alternatively, an unsuspecting worker can become the victim of a downed tree that has become loose due to heavy winds from a previous day. Such circumstances are not always discernible. That is why OSHA standards place an emphasis on training and the dissemination of life saving information.

Florida Construction Law Attorney

Federal law requires that all construction businesses meet OSHA health and safety standards. Attorney Brendan A. Sweeney has significant experience in advising and drafting agreements that will ensure your compliance with OSHA regulations and standards. Your workers deserve the best protection against workplace hazards. Contact us now for a consultation.

Resources:

osha.gov/oshstats/commonstats.html

osha.gov/SLTC/electricalcontractors/standards.html

osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1926

Quantum meruit (Latin for “as much as he has deserved”) is an equitable remedy that provides restitution for unjust enrichment. Unjust enrichment describes the scenario where one’s actions provide a valuable service to another thus requiring compensation even without the existence of a previously formed contract. In other words, a claim for quantum meruit is an action to recover the reasonable value of services rendered by one party to another usually based on a theory of quasi-contract. Quantum meruit is ordered at the conclusion of litigation or pursuant to an agreement. A court that awards quantum meruit will consider the reasonableness of the amount to make the aggrieved party whole. In the realm of construction disputes, proving quasi-contractual obligations for the purposes of quantum meruit can prove to be quite a complex process.

Quasi-Contracts & Quantum Meruit

A quasi-contract is an obligation imposed by law to prevent unjust enrichment for agreements that do not rise to level of contractual obligation but for fairness and public policy reasons.   Therefore, a court can pronounce that an act amounts to a quasi-contract where no true contract exists. Quasi-contracts are also known as contracts implied-in-law or constructive contracts. Quasi-contracts do not adhere to the same rules as traditional contracts so concepts like mutual assent (i.e. “a meeting of the minds”) are not necessary for a court to impose the obligation. The remedy under quasi-contract is usually restitution. Further, there is no general litmus test for quasi-contract cases as each case is determined on its own facts and circumstances. So what does a quasi-contract look like in the construction world?

Quasi-Contracts in Construction Law

One example of a quasi-contract warranting quantum meruit is in the case of an emergency construction task while on a job with a pre-existing contract. In this scenario, while renovating a house, a contractor finds a structural defect that will cause irreparable and imminent damage to the building if it is not addressed immediately. The contractor attempts to get in touch with the owner of the house to no avail. The owner has required the contractor to seek approval for any work that is out of the scope of the contract.  Further, the structure of the building is not within the scope of the contract. The contractor moves ahead to fix the structural defect. Subsequently, the contractor sends the owner an invoice for her work on the structural defect. The owner refuses to pay. In this case, although there was no mutual assent as to any structural defect, a court may award the contractor restitution given the dire need to address the structural defect.

Fort Lauderdale Construction Attorney

Getting an award for quantum meruit is the final step when a court determines that a quasi-contract existed. However, the first part is identifying that a quasi-contract was formed.  Attorney Brendan A. Sweeney has years of experience advising on construction contracts and the many nuances involved in construction projects. Contact us now for a consultation.

Resource:

law.cornell.edu/wex/quantum_meruit

Contract Types

There are two common ways to contract in the real estate development context. The contractor and the developer can agree to a lump sum or fixed price contract. In a lump sum contract, the rate of the construction project is stipulated in the contract along with a defined scope and time of completion. Here, the contractor is obligated to complete the project as stated in the contract and in the time agreed upon. In return, the developer pays the contractor the stated amount in installments, sometimes based on milestones completed. This type of contract can benefit the developer as the rate is fixed even if change orders are later necessary. Contractors will normally agree to a slightly elevated rate to account for possible change orders.

Another contract type is called the cost plus fee contract. In a cost plus contract, the developer pays the contractor for work done and also provides the contractor’s expenses as a result of the work done. Unlike lump sum contracts, developers pay the contractor for work and expenses, which can increase significantly depending on unexpected changes. This kind of contract shifts the risk to the developer in the event the scope or timing of the project is redefined.

HUD Regulations

The U.S. Department of Housing and Urban Development (HUD) is a cabinet level agency under the executive branch. One of HUD’s missions is to meet the need for quality; affordable rental homes in various communities. In the real estate development realm, HUD ensures that developers are in compliance with regulations that protect low-income persons by providing affordable housing. HUD also oversees the process requiring real estate developers to register land sales.

Zoning and Land Use Laws

Developers must adhere to all local zoning and land use laws. Developers are required to obtain the proper clearances from local or state agencies before building. For example, if a developer is building a complex that encompassing both shops and apartments units, the developer must check with the local zoning board to ensure that the area is zoned for mixed use building.  Similarly, the developer is obligated to obtain environmental permitting depending on the purpose of the building and its possible effects on the environment. In certain instances, the developer should prepare to face opposition from the agency, community members, and/or environmental groups. Opposition means possible litigation that is quite costly. At this point, developers will have to decide whether the cost of erecting the building is worth the heavy cost of litigation.

Fort Lauderdale Construction Attorney

Real estate developers have many rights, but they have even more obligations. Attorney Brendan A. Sweeney has years of experience advising on commercial construction law issues. Contact the office now for a consultation.

Resource:

hud.gov/sites/dfiles/Main/documents/HUDPrograms2017.pdf