Bryant v. First Realty Inv. Corp., 79-2452
| Decision Date | 22 April 1981 |
| Docket Number | No. 79-2452,79-2452 |
| Citation | 396 So.2d 1223 |
| Parties | Clenard BRYANT, Appellant, v. FIRST REALTY INVESTMENT CORPORATION et al., Appellees. |
| Court | Florida District Court of Appeals |
Kocha, David & Houston and Larry Klein, West Palm Beach, for appellant.
D. Culver Smith, III, Adams, Coogler, Watson & Smith, P. A., West Palm Beach, for appellee-Brodade Const.
Kent S. Pratt and Toby A. Turbyfill of Law Office of Frank G. Cibula, Jr., West Palm Beach, for appellee-Brodade Development, Inc.
Appellant Clenard Bryant sued appellees Brodade Development, Inc., and Brodade Construction, Inc., for injuries which he suffered as a result of an accident on a construction site in Broward County. From a final judgment entered pursuant to a directed verdict at the close of appellant's case in chief this appeal was perfected. 1
Brodade Development, the owner of a condominium project in Broward County known as Lauderdale Oaks, entered into a contract with Powell Forming Co., Inc., on March 24, 1971, by which Powell Forming was employed to do the vertical forming on buildings in the project. The contract, a standard AIA contract, contained the following provisions relative to the duties and responsibilities of Brodade Development and Powell Forming:
The Subcontractor shall take all reasonable safety precautions with respect to his work, shall comply with all safety measures initiated by the Contractor and with all applicable laws, ordinances, rules, regulations and orders of any public authority for the safety of persons or property in accordance with the requirements of the Contract Documents. The Subcontractor shall report within three days to the Contractor any injury to any of the Subcontractor's employees at the site.
The Contractor shall not give instructions or orders directly to employees or workmen of the Subcontractor except to persons designated as authorized representatives of the Subcontractor.
A similar contract was entered into between Brodade Development and Concreforms Co., by which Concreforms was employed to do the horizontal form work at the project. Brodade Construction, Inc., was hired by Brodade Development as a successor to Adams Construction Co., to monitor or oversee the progress of the construction and was listed in the application for building permit as the building contractor; the certificate of competency held by Taxter Hill, the Vice-President of Brodade Construction and the project superintendent, was being used to qualify the project for a building permit from the City of Lauderdale Lakes. Hill testified that his...
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Kala Investments, Inc. v. Sklar
...against contractors affirmed because lack of parking area and barricades constituted a patent defect) and Bryant v. First Realty Investment Corp., 396 So.2d 1223 (Fla. 4th DCA 1981) (directed verdict affirmed upon clear evidence that defect was patent to owner where owner had taken special ......