Negligence Per Se In Florida By William Henry, PhD Not all negligence cases are equal. The facts can make a difference as to how a negligence case must be proved. There are four elements to the proof of general negligence found in the common law: 1) Duty — The defendant owed a duty of care to the plaintiff; 2) A breach — A failure to fulfil the duty; 3) Causation — The breach led to the injuries; and 4) Damages — A monetized value of the injury.
Regulation Of Florida Water Parks Are You At Risk For Injury? By William Henry, PhD Florida is the home of a large number of water parks. Given its name– the entity that regulates water parks may seem surprising to you. How does the regulation of Florida recreational theme parks that feature water oriented rides impact safety or lack thereof and –ultimately personal injury? The Florida Legislature has recognized in Section 616.242 of the Florida Statutes the necessity of regulating amusement rides within the State. Exempt from the statute for inspection purposes are: Permanent facilities that employ at least 1,000 full-time […]
Does Title Insurance Really Protect a Property Owner from Zoning Issues? By William Henry, PhD Title Insurance is a policy to protect and/or indemnify against loss or damage resulting from defects in the title and deed to the property. What does Title insurance cover? The basic title insurance policy that is not “overly endorsed” includes the following: 1) Representation as to the actual owners of the property, 2) Representation that the property is free of encumbrances, i.e. other mortgage liens, mechanics liens, and potential claims that have not been recorded, and 3) Representation that there is access to the property […]
Shopping Center Industry Coins “Med-Tail” By William Henry PhD A New Acronym For Medical Clinics Locating In Retail Centers Recent Moves to Retrofit Existing Commercial and Retail Space Spurs Demand for “DESIGN DUE DILIGENCE’ Diversion of retail sales from traditional ‘sticks and bricks’ retail centers to internet sales leads to ‘Med-Tail’. At the annual Florida Conference of the International Council of Shopping Centers ‘ICSC’ a new acronym was coined from the presentations to describe the migration of many walk in clinics, medical diagnostic centers and outpatient treatment areas into vacant spaces once housing retail uses. The term to describe it […]
Is Your Commercial Property “Grandfathered” To Offer Relief From Some ADA Requirements? By William Henry PhD How Does the Term “Readily Achievable” Apply to this “Grandfathering” Provision? When addressing the challenges posed by American Disability Act legislation, business and commercial property owners often ask, “Is my property ‘grandfathered’ so as to alleviate the need for compliance?” Compliance hinges on the date of occupancy of the inhabitable space. The operative date is January 1, 1991. Was the property inhabited prior to 1991? If so, then compliance may not be required if the cures to the design and construction are deemed to […]
Larger Awards In Slip And Fall Cases By William Henry PhD Improving your chances for a larger financial recovery if you or your loved ones slip and fall in a public place Success in slip and fall cases often depends on CSI type exhaustive research both at the incident location and of applicable local building and Federal codes. What may seem to be a harmless site condition, in reality can pose serious threats to health, safety, and welfare to site occupants both indoor and outdoor. Secondly there are multiple codes that often have jurisdiction over the improvements. Some of them […]
Dilapidated or Damaged Structures – Rehab vs. Rebuild? By William Henry PhD As architects we are often asked by clients “should we fix up this old and/or damaged structure or just tear it down and build anew?” Since according to some prognosticators over 80% of the building projects in the next twenty years are slated to be renovations of existing structures this question is arising more often. This is particularly true when the building in question is near the so called ‘tipping point’. This term is akin to an automobile that is either so old or so damaged that it […]
Aging Population Spurs Demand For Barrier Free Designs By William Henry PhD Lifestyle of Caregiver Impacted by a Disabled Partner or Parent As the ‘Baby Boomer’ population retires many envision a stress free life funded by their pension funds, social security and the recent proceeds from the sale of their primary residence. Perhaps purchasing a low maintenance condominium or rental of a highly ‘amenitized” apartment is on the horizon. The unanticipated factor is in that in many cases a crippling disability is experienced by one party or another in a committed relationship that was never contemplated. In some cases one […]
How Do You Know What The Real Estate Is Really Worth? By William Henry PhD Design and Construction Due Diligence Can Provide a More Accurate Answer. MAI Appraisals Mostly Take the Past and Project It Forward. Practice and logic over the years has established that market value is a product of both demand and availability or scarcity of a good. Without going into a treatise concerning valuations, as an architect I sometimes have become very frustrated about the practice of appraising. This stems from my belief that appraisers may not take into account intrinsic, latent, and opportunity based value in […]
Reinvent Yourself To Become A Building Doctor By William Henry PhD Solution to Economic Setbacks Suffered by Architects and Interior Designers in Current Downturn– Reinvent yourself to “Become Building Doctors” Design and Construction Industry is inherently Cyclical The construction industry economy has always been typified by cyclical ‘ups and downs’. However this latest economic downturn has not been succeeded by a robust rebound.
News From The International Shopping Center And Retail Convention By William Henry PhD “Jobless Recovery”, “Urban Food Deserts”, “Demalling” and rationales for “Political Gridlock.” Once every year retailers, shopping center owners, and their service providers come together in the Nevada desert to discuss industry performance and trends. An array of best-selling authors, media personalities, political pundits, and industry insiders are assembled at “ReCon,” the flagship event of the International Council of Shopping Centers, or ICSC, held in Las Vegas. Tone setters at this year’s conference included best-selling author of The Tipping Point, Malcolm Gladwell; Joan Lunden of Good Morning America […]
A New Baseball Stadium For The Rays? The Team and Bay Area Communities Could Be In Lockstep Once Again By William Henry PhD Although it seems like a long time ago, some may remember that the Rays Baseball ownership group and the City of St. Petersburg seemed to be in lock step to demolish the existing Tropicana Field Dome Stadium and build a state of the art waterfront stadium in downtown St. Petersburg site several years ago.
Power Of Bureaucracy Increases As Power Of Politicians Wane In Florida By William Henry PhD Disappointed in your elected leaders? You may direct this disenchantment toward your local bureaucrats. Many shrewd lobbyists and governmental liaisons have slowly come to realize that the best avenue for exerting influence on government policy and purchasing decisions may not run through elected government officials, but instead through appointed officials, better known as government staff.
A Professional Customized Approach To Roofing By William Henry PhD Over the last 20 years, we have been asked to respond to roofing failures that are the result of inappropriate re-roofing applications to many Florida area buildings. In today’s environment, with the lack of new facility construction, many commercial office and retail facility owners are rehabilitating, retrofitting, and adapting existing space to accommodate growth.
How To Stay Fit When Business Pressures Mount By William Henry PhD Beyond Competitive Athletics In today’s economic times those of us in the design/development and construction industry are facing daunting pressures. The tendency of course is to work longer hours to keep the doors open. With our New Years resolutions recently formulated, many have pledged to exercise more often. How can we honor this commitment?
Sunday, April 16, 2017
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