"Occupy"
When a construction contract states that when the owner "occupies" the
property after C/O certain things happen without defining the term. Anyone
have any guidance as to the definition of "occupies"? Obviously, moving in
constitutes occupation but are there actions short of actually moving in
that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
mailto:gregoryjohansen@gjjlaw.com gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35),
we
inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or anyone
else, for the purpose of avoiding penalties imposed by the Internal Revenue
Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the
recipient(s)only. If you received this e-mail in error, please notify the
sender immediately, delete the e-mail and do not copy or disclose it. If you
are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be
confidential.
If you properly received this e-mail as a client, co-counsel or retained
expert, you should maintain its contents in confidence to preserve the
attorney-client or work product privilege.
If utilities have been shifted to name of Owner from GC, a property policy (in lieu of the Builders Risk during construction) has been issued protecting the Owner as insured and furniture has been delivered (without business formally being done yet from premises) that would seem to support occupancy.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image003.jpg@01D0568F.4346A640]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 04, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01D0568F.C4890310][cid:image002.gif@01D0568F.C4890310] [cid:image003.jpg@01D0568F.C4890310]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
Sounds like contracting without a license. Hope they don't have to try to enforce their contract with Owner or subs.
Sent from my iPhone
On Mar 4, 2015, at 3:44 PM, Andrew Epstein <drew@andrewepstein.commailto:drew@andrewepstein.com> wrote:
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
<image001.jpg><image002.gif> <image003.jpg>
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
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Yes, but there is a very small and limited EXEMPTION in s. 489.103 (17)
Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:48 PM
To: Gregory Johansen; clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.net; wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01CECBFF.370226F0][cid:image005.gif@01CECBFE.BFC56700][cid:image002.jpg@01CECBFF.370226F0]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
489.105 (3) 3) “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. For the purposes of regulation under this part, the term “demolish” applies only to demolition of steel tanks more than 50 feet in height; towers more than 50 feet in height; other structures more than 50 feet in height; and all buildings or residences. Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)-(q).
489.105 (6)
(6) “Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term “contracting” shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to sell or sells manufactured or factory-built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.
Sincerely yours,
Randall Gilbert, Esq.
Board Certified Construction Lawyer
[Randall-Gilbert]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:28 PM
To: Gregory Johansen; clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.net; wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client’s property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub’s contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01CECBFF.370226F0][cid:image005.gif@01CECBFE.BFC56700][cid:image002.jpg@01CECBFF.370226F0]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner “occupies” the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of “occupies”? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be “occupies”?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
No, if you look at the definition of "contractor" in 489.105(3) - unless of course they have a license.
JOHN S. VENTO
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
[Trenam Kemker]
101 E. Kennedy Boulevard, Suite 2700 Tampa, FL 33602
Phone: 813-223-7474 Fax: 813-227-0483
Direct: 813-227-7483 Cell: 813-787-5579
emailmailto:JVento@trenam.com | vCardhttp://www.trenam.com/documents/John%20S.%20Vento.vcf | biohttp://www.trenam.com/profiles_listall.asp?profileID=4 | websitehttp://www.trenam.com
Committed to the service of our clients, the community and our profession since 1970.
[->]Please consider the environment before printing this email.
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:28 PM
To: Gregory Johansen; clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.net; wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01CECBFF.370226F0][cid:image005.gif@01CECBFE.BFC56700][cid:image002.jpg@01CECBFF.370226F0]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
Fred, I only thought that exemption applied where the agent engaged a licensed "contractor." These folks engaged subcontractors as I read the question.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley
Sent: Wednesday, March 04, 2015 3:51 PM
To: Andrew Epstein; Gregory Johansen; clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.net; wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
Yes, but there is a very small and limited EXEMPTION in s. 489.103 (17)
Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.commailto:dudley@mylicenselaw.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:48 PM
To: Gregory Johansen; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.netmailto:njbf@comcast.net; wgb2@comcast.netmailto:wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01CECBFF.370226F0][cid:image005.gif@01CECBFE.BFC56700][cid:image002.jpg@01CECBFF.370226F0]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
You may be right, but I think the exemption is probably far too narrow to apply in this situation anyway.
Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com
From: John S. Vento [mailto:JVento@trenam.com]
Sent: Wednesday, March 04, 2015 4:34 PM
To: Fred Dudley; Andrew Epstein; Gregory Johansen; clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.net; wgb2@comcast.net
Subject: RE: [CLC-Discussion] "Occupy"
Fred, I only thought that exemption applied where the agent engaged a licensed "contractor." These folks engaged subcontractors as I read the question.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley
Sent: Wednesday, March 04, 2015 3:51 PM
To: Andrew Epstein; Gregory Johansen; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.netmailto:njbf@comcast.net; wgb2@comcast.netmailto:wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
Yes, but there is a very small and limited EXEMPTION in s. 489.103 (17)
Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.commailto:dudley@mylicenselaw.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:48 PM
To: Gregory Johansen; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: njbf@comcast.netmailto:njbf@comcast.net; wgb2@comcast.netmailto:wgb2@comcast.net
Subject: Re: [CLC-Discussion] "Occupy"
I have a property management company that is licensed as realtors that undertook to perform extension construction at a client's property (a personal residence not a condo or in an association). May a licensed property management company perform substantive construction work and charge a percentage on top of the sub's contract price similar to how a contractor performs a cost-plus contract?
Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew@andrewepstein.commailto:drew@andrewepstein.com;
And please copy to: njbf@comcast.netmailto:njbf@comcast.net
[cid:image001.jpg@01CECBFF.370226F0][cid:image005.gif@01CECBFE.BFC56700][cid:image002.jpg@01CECBFF.370226F0]
Confidentiality: This e-mail communication, its contents and any attachments are intended solely for the addressee(s) and may contain legally privileged and confidential information. If you are not the addressee or an authorized representative, you are advised that any review, disclosure, reproduction, or other dissemination or use of this communication or any information contained herein is strictly prohibited. If you have received this communication in error, please immediately advise the sender either by reply e-mail or call us at (239) 334-6666; and delete this communication and destroy all physical copies. This firm may be deemed a "debt collector" under the Fair Debt Collections Practices Act. Any and all information obtained may be used for the purpose of collecting a debt.
All e-mail communications are electronically filtered for "spam" and for "viruses." Filtering and other computer-related issues may result in some communications being quarantined, delayed or in simply not reaching us. Because of this, for your protection, we strongly urge our clients that upon sending any important or time-sensitive communications, that you contact us at (239) 334-6666, to confirm that your e-mail has in-fact been received and reviewed.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Occupy"
When a construction contract states that when the owner "occupies" the property after C/O certain things happen without defining the term. Anyone have any guidance as to the definition of "occupies"? Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be "occupies"?
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, 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 Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
