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
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.
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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>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.org>#wmQuoteWrapper /* Font Definitions / @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4;}
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#wmQuoteWrapper div.WordSection1 {page:WordSection1;}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 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] On Behalf Of Charles Kramer
Sent: Tuesday, April 10, 2012 10:43 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law ForumDivision 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] On Behalf Of fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] ABA - Construction Law ForumAs 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??
---
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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.
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See Braverman v. Van Bower, Inc., 558 So.2d 381 (Fla. 3rd DCA 1991).
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator
Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators
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 building permit....
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.commailto: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.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:image001.png@01CD18B4.5402C520][cid:image002.jpg@01CD18B4.5402C520]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
The failure to obtain a building permit (where the scope required it) would be an action or omission subjecting the contractor to administrative action against his contracting license pursuant to Ch. 489 and doubtlessly local municipal or county codes as well. I am not aware of any authority and don't believe that the failure to have a permit disqualifies a contractor from recording and enforcing a lien. Many muncipalities place the burden on the Owner to have a permit for the work and the Owner in your case may have some exposure to the local building department for contracting work without a permit.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
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:498015817@12042012-1CF8]
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 building permit....
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.commailto: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.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:498015817@12042012-1CFF][cid:image0066952.jpg]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
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A lien requires an improvement and a contract. Was the property actually improved if the plans were not approved, the work does not pass code and is subject to demolition? Is there a contract if the subject of the agreement was illegal? Was there a written contract, perhaps with an arbitration provision? Unjust enrichment might work, if the owner keeps the benefit, but I would not file a lien because the risk of paying fees is too great.
Sandra D. Kennedy, Esquire
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.commailto:skennedy@flbbwlaw.com
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 building permit....
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.commailto: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.
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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.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:image001.png@01CD18B5.19F387B0][cid:image0066952.jpg]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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??
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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.
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http://mailman.fsr.com/mailman/listinfo/constructionlaw
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
mailto:mromm@rommlaw.com mromm@rommlaw.com
CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
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prohibited. If you have received this communication in error, please notify
us immediately of the error by return email and please permanently remove
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whether in electronic or physical form or otherwise. Unauthorized
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Service Circular 230, we advise you that any federal tax advice contained in
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maybe imposed under the Internal Revenue Code or (2) promoting, marketing or
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communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida
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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" < mailto:Michael.Kamprath@thresherpa.com
Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <
mailto:constructionlaw@lists.flabarrpptl.org
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: mailto:constructionlaw-bounces@lists.flabarrpptl.org
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,
cid:image0066952.jpg
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: mailto:constructionlaw-bounces@lists.flabarrpptl.org
constructionlaw-bounces@lists.flabarrpptl.org [
mailto:constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
mailto:fred.dudley@hklaw.com fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: mailto:constructionlaw@lists.flabarrpptl.org
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
divisions Steering Committee. Can you find the one Arnie serves on?
Its 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
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reply that you expect it to hold in confidence. If you properly received
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constructionlaw mailing list
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constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
http://mailman.fsr.com/mailman/listinfo/constructionlaw
My response would have been the same.
Robert S. Fine, Esq., AIA
Shareholder
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law
Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826
finer@gtlaw.com mailto:finer@gtlaw.com | www.gtlaw.com http://www.gtlaw.com/
Greenberg Traurighttp://www2.gtlaw.com/files/GTLogo.jpg
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, April 12, 2012 2:06 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: nobuilding permit....
The failure to obtain a building permit (where the scope required it) would be an action or omission subjecting the contractor to administrative action against his contracting license pursuant to Ch. 489 and doubtlessly local municipal or county codes as well. I am not aware of any authority and don't believe that the failure to have a permit disqualifies a contractor from recording and enforcing a lien. Many muncipalities place the burden on the Owner to have a permit for the work and the Owner in your case may have some exposure to the local building department for contracting work without a permit.
Michael R. Gibbons (Bio http://lowndes-law.com/our-people/michael-r-gibbons )
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com http://www.lowndes-law.com/
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 building permit....
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
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>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <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 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] 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] On Behalf Of fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: 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.
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Thanks Larry. I was not aware of the Braverman decision. However, I don't think it applies on these facts because the homeowner apparently contracted with the GC not to obtain a permit. In Braverman, the opposite occurred: owner's contract with GC expressly required GC to get the permit.Court relied on the express breach of contract in failing to obtain permit to hold that contractor had not performed and therefore had not earned the monies claimed in the lien. The Braverman decision was grounded on an express contractual undertaking not apparently present in the facts presented.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
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:759272118@12042012-1D0D]
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, April 12, 2012 1:58 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....
See Braverman v. Van Bower, Inc., 558 So.2d 381 (Fla. 3rd DCA 1991).
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator
Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators
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 building permit....
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.commailto: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.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:759272118@12042012-1D14][cid:image0066952.jpg]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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??
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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.
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Can still lien job. Contractor is also in violation of 489.127(1)(h) and 489.128(1)(o)
Sent from my iPhone
On Apr 12, 2012, at 1:56 PM, "mromm@rommlaw.com" mromm@rommlaw.com wrote:
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
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
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" 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 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] 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,
<image001.png><image002.jpg>
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] On Behalf Of fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: 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.
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In Braverman the contractor also intentionally built the enclosure in violation of local codes, making the breach material and intentional.
Peter C. Vilmos
Attorney at Law
Direct: (407) 540-6622
Main: (407) 540-6600
Fax: (407) 650-2955
Peter.Vilmos@burr.com
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[Burr & Forman - results matter]
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, April 12, 2012 2:32 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....
Thanks Larry. I was not aware of the Braverman decision. However, I don't think it applies on these facts because the homeowner apparently contracted with the GC not to obtain a permit. In Braverman, the opposite occurred: owner's contract with GC expressly required GC to get the permit.Court relied on the express breach of contract in failing to obtain permit to hold that contractor had not performed and therefore had not earned the monies claimed in the lien. The Braverman decision was grounded on an express contractual undertaking not apparently present in the facts presented.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
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:298393618@12042012-21B3]
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, April 12, 2012 1:58 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....
See Braverman v. Van Bower, Inc., 558 So.2d 381 (Fla. 3rd DCA 1991).
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator
Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators
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 building permit....
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.commailto: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.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:298393618@12042012-21BA][cid:image0066952.jpg]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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.
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By the way, I think the cite for this case is 583 So.2d 381
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, April 12, 2012 2:32 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....
Thanks Larry. I was not aware of the Braverman decision. However, I don't think it applies on these facts because the homeowner apparently contracted with the GC not to obtain a permit. In Braverman, the opposite occurred: owner's contract with GC expressly required GC to get the permit.Court relied on the express breach of contract in failing to obtain permit to hold that contractor had not performed and therefore had not earned the monies claimed in the lien. The Braverman decision was grounded on an express contractual undertaking not apparently present in the facts presented.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
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/
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, April 12, 2012 1:58 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....
See Braverman v. Van Bower, Inc., 558 So.2d 381 (Fla. 3rd DCA 1991).
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator
Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators
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 building permit....
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.commailto:mromm@rommlaw.com
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-------- Original Message --------
Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum
From: "Michael Kamprath" <Michael.Kamprath@thresherpa.commailto:Michael.Kamprath@thresherpa.com>
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.orgmailto: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 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.orgmailto: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,
[cid:image002.png@01CD18B9.ED479440][cid:image0066952.jpg]
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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.commailto:fred.dudley@hklaw.com
Sent: Tuesday, April 10, 2012 8:45 AM
To: constructionlaw@lists.flabarrpptl.orgmailto: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??
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Notice Under U.S. Treasury Department Circular 230: To the extent that this e-mail communication and the attachment(s) hereto, if any, may contain written advice concerning or relating to a Federal (U.S.) tax issue, United States Treasury Department Regulations (Circular 230) require that we (and we do hereby) advise and disclose to you that, unless we expressly state otherwise in writing, such tax advice is not written or intended to be used, and cannot be used by you (the addressee), or other person(s), for purposes of (1) avoiding penalties imposed under the United States Internal Revenue Code or (2) promoting, marketing or recommending to any other person(s) the (or any of the) transaction(s) or matter(s) addressed, discussed or referenced herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issue(s), transaction(s) or matter(s) addressed, discussed or referenced herein based upon his, her or its particular circumstances. [v4.30]