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UPCOMING EVENTS
October 23 - Florida Construction Lien Law Seminar presented by Tritt|Henderson
November 2 - Election Day: Vote "NO" on 4
February 3, 2011 - 6th Annual Groundhog Day Extravaganza at 5 Points Theatre |
Contact
Tritt|Henderson
707 Peninsular Place
Jacksonville, Florida 32204
Phone:
(904) 354-5200
Facsimile:
(904) 354-5256
Website:
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Pictures from Groundhog Day Extravaganza 2010 
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We are one month away from Election Day! As most of you are aware, the November 2nd Election could have a direct impact on the construction industry. Please take the time to read Christopher Cobb's Article regarding Amendment 4 and share with everyone you know why they MUST Vote NO on 4. This is a critical time in our state and we must make an effort to educate others.
Since this is our last newsletter in 2010, that can only mean one thing - Groundhog Day 2011 is on the horizon! If you haven't already, mark your calendars for Thursday, February 3, 2011 for the 6th Annual Groundhog Day Extravaganza at the 5 Points Theatre.
On behalf of our entire office, we wish you and yours a Happy Holiday Season and a wonderful 2011! |
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Do you remember when we voted to require the State of Florida build a high speed rail system in 2000? That's right, there was a Florida Constitutional Amendment passed to have a high speed ground transportation system in this State. It was ridiculous and ultimately repealed due to cost implications. There is an equally ridiculous proposed Florida Constitutional Amendment on the ballot during the November 2nd general election. It's called Amendment 4 and is commonly referred to as "Hometown Democracy."
Amendment 4 would require proposed changes to city and county comprehensive plans be approved by voters. Currently, city councils and county commissions approve or reject proposed changes to the comprehensive plan. Amendment 4 adds an additional step. You, as a voter, would get to the final say on the proposed comprehensive plan changes.
The effects on future development and the construction industry could be severe. No, catastrophic! First, development as we know it could cease. Any new development would have the added step of getting its proposed comprehensive plan changes passed by the citizens in that geographical location. For example, a 10 acre parcel on the Westside of Jacksonville seeking to change its zoning classification would be voted on by residents who live on Southside Blvd.
Second, comprehensive plans undergo hundreds of changes every year. This would require voters to become educated on complex and sometimes confusing land-use and zoning issues. It could increase litigation in the event of challenges to the proposed plan change. It would require an increase in taxes to fund the elections. Third, Amendment 4 would also increase developer costs for future projects as they would have to engage in advertising and social media campaigns to acquire enough votes to pass their proposed plan change.
Finally, another very real impact of Amendment 4 is the deterrence of new business to the State of Florida. New businesses looking to relocate to Florida would suffer additional expenses to acquire zoning changes. As a result, the relocating business would be more likely to investigate other states with less stringent requirements. That means fewer new jobs and no future growth. Please join me and my colleagues at Tritt|Henderson on November 2nd by voting NO on Amendment 4.
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Bryan Rendzio Named Newest Shareholder
Tritt|Henderson is pleased to announce that Bryan R. Rendzio has become its newest shareholder. "It is an honor for Reese, Chris and I to welcome Bryan as a shareholder. His commitment to the firm, our clients and the construction industry warranted this recognition," said Managing Shareholder, Arnold D. Tritt, Jr.
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Contracting to Build Green: Hidden Risks Contractors Must Consider
The world is going green and you can too! However, before you commit to sustainable construction, it is critical that you are aware of some hidden risks when contracting to build green. This quarterly column will highlight risks that contractors must take in to consideration before contracting to construct green projects in order to limit future legal exposure.
TIP #2: Know and Recognize the Difference Between Design Specifications and Performance Specifications
The Spearin Doctrine. If you're a geeky young construction law attorney like myself, these are buzz words you throw around in front of other construction law attorneys to let them know you are one of them and a member of the fraternity. If you are a contractor and these three little words mean nothing to you, it is still very likely that you are familiar with the legal concept they represent: "[I]f a contractor is bound to build according to plans and specifications provided by owner, the contractor will not be responsible for the consequences of defects in the plans and specifications." United States v. Spearin, 248 U.S. 132 (1918). Easy enough, right? Generally speaking, the Spearin Doctrine is a black and white legal concept, but going green is creating shades of grey.
It is important for Contractors to understand that the Spearin Doctrine applies specifically to design specifications (i.e., how to perform the work and what materials to provide). The Spearin Doctrine does not limit a contractor's liability for defects associated with performance specifications, which set forth an objective or standard but do not give instructions on how to realize the objective or standard. When contracting to build green this distinction is critical. See Maura K. Anderson, et. al., Hidden Legal Risks of Green Building, 83 Fla. Bar. J. 35, 38 (March 2010).
Take into consideration the following hypothetical specifications regarding sealants on a Project for which the owner is attempting to achieve LEED certification:
Hypo #1: Use only one of the adhesives and sealants approved by the Green Seal Standard for Commercial Adhesives GS-36.
Hypo #2: Use an adhesive and sealant sufficient for the project to obtain credit for IEQ 4.1 Low Emitting Materials-Adhesives and Sealants.
Hypothetical #1 is a design specification that calls out specifically what sealant to use on the project, one approved by the Green Seal Standard. If a contractor uses the specified product it likely would not be held responsible if the project failed to achieve the LEED Credit for IEQ 4.1 Low Emitting Materials-Adhesives and Sealants. On the other hand, hypothetical #2 is a performance specification in which the contractor is free to use the product it deems appropriate to achieve the same credit. Under these circumstances, if the LEED credit is not earned the contractor could bears the responsibility.
Contractors must be careful to recognize whether their responsibilities, and potential liabilities, are driven by a design specification or a performance specification. Your contract documents should clearly designate and clarify your responsibilities so that your company does not unknowingly accept responsibility for the design of the project, and to avoid liability for any resulting failure to achieve LEED credits and certification.
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Fourth Florida Bar Board Certified Construction Attorney at Tritt|Henderson
  In addition to recently becoming a shareholder in the firm, Bryan R. Rendzio has obtained Florida Bar Board Certification in Construction Law. Bryan joins Christopher M. Cobb, Reese J. Henderson, Jr. and Arnold D. Tritt, Jr. as a Florida Bar Board Certified Construction Attorney.
According to The Florida Bar, board certification is the highest level of recognition given for competency and experience within an area of law. Attorneys can achieve this distinction after a minimum of five years of practicing in a particular area of law, passing a strenuous examination and a undergoing a stringent peer review process.
"Bryan becoming a Florida Bar Board Certified Construction Attorney further confirms to our clients and the public that construction law is his focus and his passion," says Managing Shareholder Arnold D. Tritt, Jr. "Bryan's achievement shows his commitment to, and further differentiates Bryan and our firm in, the practice of construction law."
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ABC Excellence in Construction Awards
Reese Henderson presents the 2010 Tritt|Henderson Merit Choice Award to Rick McManus & Brian Broxson of Haskell |
At the Florida First Coast Chapter of Associated Builders and Contractors ("ABC") 2010 Excellence in Construction ("EIC") Awards Gala, Tritt|Henderson once again proudly presented its Merit Choice Award. The Tritt|Henderson Merit Choice Award encapsulates the essence of ABC's credo by recognizing the project that utilized the resources of the most ABC members. At this year's awards ceremony, Shareholder Reese J. Henderson, Jr. presented the Tritt|Henderson Merit Choice Award to Rick McManus, Director of Construction, and Brian Broxson, Project Manager, with Haskell for the Baptist Medical Center South - Tower D.
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Retirement Roast Honoring ABC's Dan Haskell
 Dan Haskell, Executive Director of the First Coast Chapter of Associated Builders and Contractors ("ABC"), has announced that he is retiring at the end of 2010. As you probably know, Dan has faithfully served ABC over the past ten (10) years. ABC's Board of Directors has decided to "roast" Dan in honor of his contribution and dedication to their chapter. The event will take place at ABC's monthly luncheon on Friday, October 15, 2010 at 11:30 am at the San Jose Country Club. Arnold D. Tritt, Jr. will be serving as the Master of Ceremonies and is assembling a cast of characters from Dan's personal and professional worlds to serve as roasters. We encourage you and your colleagues to attend the roast. Please contact the ABC offices at 731-1506 to RSVP and learn more.
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Tritt|Henderson Client & Friend, Michelle Tappouni Running for Jacksonville City Council At-Large Group 5 Seat 
Wouldn't you agree that Jacksonville's City Council has an impact on the local construction industry?
Wouldn't it be beneficial to the local construction industry to have someone on the Jacksonville City Council who is one of us?
Tritt|Henderson is proud to support Michelle Tappouni, who is running as a Republican for Jacksonville's City Council At-Large Group 5 seat. For the past 25 years, Michelle has worked in various management positions for commercial general contractors and subcontractors. Michelle is passionate about protecting the construction industry and representing the citizens of Jacksonville.
Of course, Michelle needs our help.
Please visit Michelle's website at www.votetappouni.com to learn more about her campaign and ways you can help ensure that our local construction industry has a voice on the Jacksonville City Council.
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Construction Seminars Presented by Tritt|Henderson Attorneys
Eileen LaCivita Speaks on Legislative Updates at the Lien Law Seminar in July. | This summer, Tritt|Henderson attorneys, Christopher M. Cobb, Bryan R. Rendzio, Reese J. Henderson, Jr. and Eileen A. LaCivita spoke at an all day seminar regarding Florida Construction Lien Law presented by Lorman Seminars.
On September 23rd, Reese J. Henderson, Jr. presented a seminar entitled "Preparing Your Construction Contracts for Profit & Protection". The seminar presented clients with an opportunity for discussions on ways to minimize risk before a project even begins. For more information about the seminar or to learn how to protect your company through your contracts, we always encourage you to contact Reese.
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Yoga Nights at Tritt|Henderson
As a way to encourage a healthier lifestyle of our employees, Tritt|Henderson has begun to offer two yoga classes each week in its activities room. On Monday evenings is the men's class and Wednesdays is the ladies' class. The classes, taught by local yoga instructor Tina Holtsinger, have become a welcome end to a busy workday and are providing a nice time for our attorneys and staff to spend together. Namaste! |
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Thank you for choosing Tritt|Henderson as your construction attorneys. Please never hesitate to let us know how we can help your business achieve its goals!
- The Entire Team at Tritt|Henderson |
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