I agree 100%. I use this generic email address for this and similar matters instead of my direct email address (_pmartin@psmlawfirm.com_ (mailto:pmartin@psmlawfirm.com) ) - where I can still receive the Canadian pharmacy offers. That way, it is easy for me to wade through these emails at my own time. (The other methods offered earlier will also work well for others.). I learned long ago that only my grandmother knew, and now my spouse knows, everything. Paul Paul S. Martin, Esq. Law Offices of Paul S. Martin & Associates, P.A. 2134 Hollywood Boulevard Hollywood, FL 33020 USA Phone 954.923.4604 Telefax 954.923.6545 ___________________________ This message is intended only for the use of the individual or entity to which it is directed. The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of this communication may be subject to legal restriction or sanction. If you think that you have received this E-mail message in error, please immediately reply to the sender. In a message dated 4/12/2012 2:48:35 P.M. Eastern Daylight Time, jtm@mckeellaw.com writes: This kind of interplay is what makes this website priceless for many of the members. ____________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Paul J Kelly Sent: Thursday, April 12, 2012 2:18 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no buildingpermit.... What is the total improvement value? §713.13 Notice of Commencement is not required in many counties if the value is less than $2,500 – if over $2,500 I say the GC is out as the licensed contractor should have known better and therefore relinquished their rights Sincerely, Paul J. Kelly ____________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Thursday, April 12, 2012 1:40 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no buildingpermit.... Does anybody know the answer to this question: If general contractor fails to obtain a building permit (at owner's request because it was a small project at a home and the homeowner did not want to wait for or pay for the permit) and owner does not pay, can GC file a lien and foreclose? I read the following and I am still confused: § 553.79. Permits; applications; issuance; inspections [Effective until July 1, 2012] (1) After the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of the authorized state or local enforcing agency, be delegated authority to issue such permits, upon the payment of such reasonable fees adopted by the enforcing agency. The enforcing agency is empowered to revoke any such permit upon a determination by the agency that the construction, erection, alteration, modification, repair, or demolition of the building for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code. Installation, replacement, removal, or metering of any load management control device is exempt from and shall not be subject to the permit process and fees otherwise required by this section. § 553.84. Statutory civil action Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the violation existed. and Comptech v. Milam Commerce: 711 So.2d 1255 (Fla. 3rd DCA, 1998) which says no statutory cause of action for violating 553.79 under 553.84 because it is barred by economic loss if construction done under a contract.... Help? Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 _mromm@rommlaw.com_ (mailto:mromm@rommlaw.com) CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Law Offices of Michael R. Romm, P.A. -------- Original Message -------- Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum From: "Michael Kamprath" <_Michael.Kamprath@thresherpa.com_ (mailto:Michael.Kamprath@thresherpa.com) > Date: Thu, April 12, 2012 11:55 am To: "'RPPTL constructionlaw'" <_constructionlaw@lists.flabarrpptl.org_ (mailto:constructionlaw@lists.flabarrpptl.org) > For all the members who wish to get active in the ABA Forum on the Construction Industry, I would encourage you, if you are not already, to join the ABA. Membership is currently free through August 31 along with membership in one Section or Forum. You can do this by going to this site: _http://joinaba.org/200916738_ (http://joinaba.org/200916738) Or by calling 1-800-285-2221 and mention promotion code RMM11MRRC. Once you join the Section or Forum, you will have the opportunity to join a Division or Committee. Michael T. Kamprath Board Certified in Construction Law Thresher & Thresher, P.A. 400 North Tampa Street, Suite 1320 Tampa, Florida 33602 Phone: 813 229 7744 Facsimile: 813 228 0367 From: _constructionlaw-bounces@lists.flabarrpptl.org_ (mailto:constructionlaw-bounces@lists.flabarrpptl.org) [_mailto:constructionlaw-bounces@lists.flabarrpptl.org_ (mailto:constructionlaw-bounces@lists.flabarrpptl.org) ] On Behalf Of Charles Kramer Sent: Tuesday, April 10, 2012 10:43 AM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum Division 5. Contract Negotiations, Performance and Admin. Highest regards, CONFIDENTIALITY: This electronic message transmission contains information from the law firm Rogers, Morris & Ziegler LLP that is considered confidential or privileged. The information is intended solely for the recipient and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify me immediately by telephone (954-462-1431). From: _constructionlaw-bounces@lists.flabarrpptl.org_ (mailto:constructionlaw-bounces@lists.flabarrpptl.org) [_mailto:constructionlaw-bounces@lists.flabarrpptl.org_ (mailto:constructionlaw-bounces@lists.flabarrpptl.org) ] On Behalf Of _fred.dudley@hklaw.com_ (mailto:fred.dudley@hklaw.com) Sent: Tuesday, April 10, 2012 8:45 AM To: _constructionlaw@lists.flabarrpptl.org_ (mailto:constructionlaw@lists.flabarrpptl.org) Subject: [RPPTL-constructionlaw] ABA - Construction Law Forum As I requested during yesterday meeting, attached from Cary Wright is a list of the 12 divisions of the Forum, which also reflects the members of each division’s Steering Committee. Can you find the one Arnie serves on? It’s amazing the number of Florida attorneys (and our CLC members) who are active in this Forum, but with George Myer as chair, we should get MORE active. How about picking one you like and letting us know?? ____________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ____________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. ____________________________________ _______________________________________________ constructionlaw mailing list _constructionlaw@lists.flabarrpptl.org_ (mailto:constructionlaw@lists.flabarrpptl.org) _http://mailman.fsr.com/mailman/listinfo/constructionlaw_ (http://mailman.fsr.com/mailman/listinfo/constructionlaw) _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw