PS
Pence, Scott
Thu, Apr 12, 2012 9:01 PM
On behalf of Cary Wright and Andrea Northrop, co-chairs of the relatively new “Real Property/Liability Insurance and Surety” Committee, I am forwarding the e-mail below with information about the committee’s upcoming conference call and free CLE presentation, starting at Noon this Monday, April 16, 2012. The call-in information is included in the attached Agenda.
Many of you likely deal with a vast array of insurance issues in your practices and we wanted to make sure you were aware of the committee. Please consider joining us this Monday for what should be a very good and timely CLE presentation. For more information about the topic and the speaker, please see the e-mail below and the attached presentation materials.
If you are interested in joining the committee, please do not respond to this e-mail; instead e-mail Cary or Andrea directly at the following addresses:
cwright@carltonfields.commailto:cwright@carltonfields.com or Andrea.Northrop@ioausa.commailto:Andrea.Northrop@ioausa.com.
Best regards,
Scott
[Carlton Fields]
Scott Pence
Attorney at Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133
spence@carltonfields.commailto:spence@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com
biohttp://www.carltonfields.com/spence/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=1b3e40d2-f26a-45ef-b47a-00fe08271338
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
From: Wright, Wm. Cary
Sent: Wednesday, April 11, 2012 8:47 PM
To: david.bradley@csklegal.com; dan.britto@wpricepa.com; mburt@srcke.com; mcomras@mscesq.com; adimatteo@gaebemullen.com; jeckhart@conroysimberg.com; sfoor@wylandtadros.com; aforte@wylandtadros.com; gill@mediation.com; kaycook@caseyciklin.com; rodney.janis@wilsonelser.com; dmk@bchlm.com; jlurvey@conroysimberg.com; jmarion@smb-law.com; jmoores@adamscoogler.com; mrmorris@morris-morris.com; brittanyorlando@msn.com; aar@bchlm.com; IRobinson@adamscoogler.com; ssilver@fllitigation.com; james.sparkman@csklegal.com; dtadros@wylandtadros.com; rtodd@conroysimberg.com; rwatson@acwmlaw.com; kwyland@wylandtadros.com; Adele I. Stone; amenor@shutts.com; Andrea Northrop; bawolf@smithcurrie.com; Ben Dachepalli; Bruce Alexander; Christine Hoke; Diane Perera; eastman@floridahousinglaw.com; Fred Dudley; Freedman, Robert S.; Gary L. Brown; Giselle Leonardo; Grant Grubech; Howard L. Payne; Jason J. Stango; Jay Mussman; jtsauer@bellsouth.net; KDirektor@becker-poliakoff.com; LCHERON@SMITHCURRIE.COM; mh@kubickidraper.com; Mineolaw@aol.com; Pence, Scott; Rose McEwen; Sherri Worman; Wright, Wm. Cary
Cc: fred.dudley@hklaw.com; Arnold D. Tritt, Jr.
Subject: Real Property/Liability Insurance and Surety Committee of RPPTL Monthly Telephone Call
Everyone:
If you are receiving this email, you have expressed an interest in joining the RPPTL Real Property/Liability Insurance and Surety Committee or have been identified as someone who may want to join the Committee. In either case, we welcome you to participate in the call scheduled for Monday, April 16, 2012, beginning at noon. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).
Attached is a copy of the following: (1) Agenda for the call; (2) Draft Form Proposed Committee Newsletter titled “Insurance Matters”; and (3) PowerPoint materials for CLE Presentation.
The CLE Presentation will be presented by David Lodwick, CIC, CRM. Mr. Lodwick will discuss factors driving the property insurance market such as:
1. Worldwide disasters and how they are impacting Florida property insurance;
2. RMS 11 - Who is RMS and why version 11 is having such an impact on Florida carriers; and
3. Where is the market going in the "Largest Cat Exposure" in the World.
Mr. Lodwick is responsible for leading the Trust Services efforts of Insurance and Financial Services operations for the Florida League of Cities. David joined the FLC on March 1, 2011. He served in the US Army from 1975-1979 and left as a Sergeant primarily stationed at Schofield Barracks, Hawaii. David served as a City Councilman for the Village of Royal Palm Beach from 1993-1998 and as Mayor from 1998-2010. During that time he also served seven years on the Florida Municipal Insurance Trust Board (2 as Chair) and also served on the Florida Municipal Investment Trust Board. He served locally on the MPO for Palm Beach County and is the former Chairman of Consumer Credit Counseling of the Palm Beach and Treasure Coast for over a decade. David is a Commercial Insurance Agent with specialty in Risk Management. He is a graduate of Ohio State University with a degree in Chemical Engineering and also holds the Certified Insurance Counselor and Certified Risk Manager designations.
This presentation should be interesting and informative and I encourage everyone to participate. I also encourage everyone to participate in the Committee as it is a relatively new Committee with the goal of growing through providing education and networking opportunities for legal practitioners.
Andrea and I look forward to the call on Monday.
Regards,
Cary
[Carlton Fields]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133
cwright@carltonfields.commailto:cwright@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
On behalf of Cary Wright and Andrea Northrop, co-chairs of the relatively new “Real Property/Liability Insurance and Surety” Committee, I am forwarding the e-mail below with information about the committee’s upcoming conference call and free CLE presentation, starting at Noon this Monday, April 16, 2012. The call-in information is included in the attached Agenda.
Many of you likely deal with a vast array of insurance issues in your practices and we wanted to make sure you were aware of the committee. Please consider joining us this Monday for what should be a very good and timely CLE presentation. For more information about the topic and the speaker, please see the e-mail below and the attached presentation materials.
If you are interested in joining the committee, please do not respond to this e-mail; instead e-mail Cary or Andrea directly at the following addresses:
cwright@carltonfields.com<mailto:cwright@carltonfields.com> or Andrea.Northrop@ioausa.com<mailto:Andrea.Northrop@ioausa.com>.
Best regards,
Scott
[Carlton Fields]
Scott Pence
Attorney at Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133
spence@carltonfields.com<mailto:spence@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com>
bio<http://www.carltonfields.com/spence/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=1b3e40d2-f26a-45ef-b47a-00fe08271338>
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
From: Wright, Wm. Cary
Sent: Wednesday, April 11, 2012 8:47 PM
To: david.bradley@csklegal.com; dan.britto@wpricepa.com; mburt@srcke.com; mcomras@mscesq.com; adimatteo@gaebemullen.com; jeckhart@conroysimberg.com; sfoor@wylandtadros.com; aforte@wylandtadros.com; gill@mediation.com; kaycook@caseyciklin.com; rodney.janis@wilsonelser.com; dmk@bchlm.com; jlurvey@conroysimberg.com; jmarion@smb-law.com; jmoores@adamscoogler.com; mrmorris@morris-morris.com; brittanyorlando@msn.com; aar@bchlm.com; IRobinson@adamscoogler.com; ssilver@fllitigation.com; james.sparkman@csklegal.com; dtadros@wylandtadros.com; rtodd@conroysimberg.com; rwatson@acwmlaw.com; kwyland@wylandtadros.com; Adele I. Stone; amenor@shutts.com; Andrea Northrop; bawolf@smithcurrie.com; Ben Dachepalli; Bruce Alexander; Christine Hoke; Diane Perera; eastman@floridahousinglaw.com; Fred Dudley; Freedman, Robert S.; Gary L. Brown; Giselle Leonardo; Grant Grubech; Howard L. Payne; Jason J. Stango; Jay Mussman; jtsauer@bellsouth.net; KDirektor@becker-poliakoff.com; LCHERON@SMITHCURRIE.COM; mh@kubickidraper.com; Mineolaw@aol.com; Pence, Scott; Rose McEwen; Sherri Worman; Wright, Wm. Cary
Cc: fred.dudley@hklaw.com; Arnold D. Tritt, Jr.
Subject: Real Property/Liability Insurance and Surety Committee of RPPTL Monthly Telephone Call
Everyone:
If you are receiving this email, you have expressed an interest in joining the RPPTL Real Property/Liability Insurance and Surety Committee or have been identified as someone who may want to join the Committee. In either case, we welcome you to participate in the call scheduled for Monday, April 16, 2012, beginning at noon. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).
Attached is a copy of the following: (1) Agenda for the call; (2) Draft Form Proposed Committee Newsletter titled “Insurance Matters”; and (3) PowerPoint materials for CLE Presentation.
The CLE Presentation will be presented by David Lodwick, CIC, CRM. Mr. Lodwick will discuss factors driving the property insurance market such as:
1. Worldwide disasters and how they are impacting Florida property insurance;
2. RMS 11 - Who is RMS and why version 11 is having such an impact on Florida carriers; and
3. Where is the market going in the "Largest Cat Exposure" in the World.
Mr. Lodwick is responsible for leading the Trust Services efforts of Insurance and Financial Services operations for the Florida League of Cities. David joined the FLC on March 1, 2011. He served in the US Army from 1975-1979 and left as a Sergeant primarily stationed at Schofield Barracks, Hawaii. David served as a City Councilman for the Village of Royal Palm Beach from 1993-1998 and as Mayor from 1998-2010. During that time he also served seven years on the Florida Municipal Insurance Trust Board (2 as Chair) and also served on the Florida Municipal Investment Trust Board. He served locally on the MPO for Palm Beach County and is the former Chairman of Consumer Credit Counseling of the Palm Beach and Treasure Coast for over a decade. David is a Commercial Insurance Agent with specialty in Risk Management. He is a graduate of Ohio State University with a degree in Chemical Engineering and also holds the Certified Insurance Counselor and Certified Risk Manager designations.
This presentation should be interesting and informative and I encourage everyone to participate. I also encourage everyone to participate in the Committee as it is a relatively new Committee with the goal of growing through providing education and networking opportunities for legal practitioners.
Andrea and I look forward to the call on Monday.
Regards,
Cary
[Carlton Fields]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133
cwright@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/>
bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d>
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
EK
Ed Kinberg
Fri, Apr 13, 2012 12:18 AM
You should recommend your clients have the homeowners sign something confirming the homeowner has requested the contractor perform the work without a building permit and that the homeowner is responsible for any and all consequences arising from or related to the failure to obtain a permit.
As I am sure you know, a noticeable change to the original layout of the house can cause an informed buyer to check for a permit, NOC and NOT. Without documentation that the work was permitted and inspected by the local building department, the homeowner may run into complications when selling the house.
There are many other complications that can arise from un permitted work, if your clients are doing that kind of work I also recommend you put together a basic notice letter to your clients that you advised them of the consequences and they chose to do the work anyway.
Ed
Ed Kinberg
Fellow, National Contract Management Association
Board Certified, Construction Law Attorney
Government Contract Law, Construction Law, and Business Law
Attorneys At Law
1290 W. Eau Gallie Boulevard
Melbourne, FL 32935
Tel. (321) 259-1910
Fax (321) 259-1996
www.kblegal.com
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you.
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Thursday, April 12, 2012 4:47 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] THANK YOU ALL FOR ANSWERING MY PERMITQUESTION
Thanks to everyone who sent in answers -
Lee- I was obviously confused!
Larry - Did you mean to cite Braverman v. Van Bower, Inc., 583 So.2d 381 (Fla. 3rd DCA, 1991) ??? As usual ....you are right on point!
To everyone else Thanks to all of you....>>> I have counseled ALL of my contractors not to work without a permit.... However many of my clients are telling me that especially on smaller jobs (less than $15K) their customers will NOT hire my contractors ( I have about 8 contractors who are having this problem) unless they abandon the permit requirement...the homeowners simply do not want to wait THAT LONG for a permit. When my clients take my advice and refuse the homeowners' requests.......the homeowners go find another contractor who will do it without a permit and my clients are losing jobs. This is never a problem when my contractors are working on larger jobs that will take months to complete anyway - the long wait for a permit doesn't factor on those jobs.... but on these small cosmetic jobs costing $15K and less -the homeowners simply do not want to wait....
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] [RPPTL - QUESTION: no
building permit....
From: Larry Leiby <Leiby@mkpalaw.com>
Date: Thu, April 12, 2012 1:58 pm
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org>
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.com <mailto:mromm@rommlaw.com>
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Law Offices of Michael R. Romm, P.A.
-------- Original Message --------
Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum
From: "Michael Kamprath" <Michael.Kamprath@thresherpa.com <mailto:Michael.Kamprath@thresherpa.com> >
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> >
For all the members who wish to get active in the ABA Forum on the Construction Industry, I would encourage you, if you are not already, to join the ABA. Membership is currently free through August 31 along with membership in one Section or Forum. You can do this by going to this site: http://joinaba.org/200916738 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??
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You should recommend your clients have the homeowners sign something confirming the homeowner has requested the contractor perform the work without a building permit and that the homeowner is responsible for any and all consequences arising from or related to the failure to obtain a permit.
As I am sure you know, a noticeable change to the original layout of the house can cause an informed buyer to check for a permit, NOC and NOT. Without documentation that the work was permitted and inspected by the local building department, the homeowner may run into complications when selling the house.
There are many other complications that can arise from un permitted work, if your clients are doing that kind of work I also recommend you put together a basic notice letter to your clients that you advised them of the consequences and they chose to do the work anyway.
Ed
Ed Kinberg
Fellow, National Contract Management Association
Board Certified, Construction Law Attorney
Government Contract Law, Construction Law, and Business Law
Attorneys At Law
1290 W. Eau Gallie Boulevard
Melbourne, FL 32935
Tel. (321) 259-1910
Fax (321) 259-1996
www.kblegal.com
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you.
Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Thursday, April 12, 2012 4:47 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] THANK YOU ALL FOR ANSWERING MY PERMITQUESTION
Thanks to everyone who sent in answers -
Lee- I was obviously confused!
Larry - Did you mean to cite Braverman v. Van Bower, Inc., 583 So.2d 381 (Fla. 3rd DCA, 1991) ??? As usual ....you are right on point!
To everyone else Thanks to all of you....>>> I have counseled ALL of my contractors not to work without a permit.... However many of my clients are telling me that especially on smaller jobs (less than $15K) their customers will NOT hire my contractors ( I have about 8 contractors who are having this problem) unless they abandon the permit requirement...the homeowners simply do not want to wait THAT LONG for a permit. When my clients take my advice and refuse the homeowners' requests.......the homeowners go find another contractor who will do it without a permit and my clients are losing jobs. This is never a problem when my contractors are working on larger jobs that will take months to complete anyway - the long wait for a permit doesn't factor on those jobs.... but on these small cosmetic jobs costing $15K and less -the homeowners simply do not want to wait....
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
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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] [RPPTL - QUESTION: no
building permit....
From: Larry Leiby <Leiby@mkpalaw.com>
Date: Thu, April 12, 2012 1:58 pm
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org>
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.com <mailto:mromm@rommlaw.com>
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Law Offices of Michael R. Romm, P.A.
-------- Original Message --------
Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum
From: "Michael Kamprath" <Michael.Kamprath@thresherpa.com <mailto:Michael.Kamprath@thresherpa.com> >
Date: Thu, April 12, 2012 11:55 am
To: "'RPPTL constructionlaw'" <constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> >
For all the members who wish to get active in the ABA Forum on the Construction Industry, I would encourage you, if you are not already, to join the ABA. Membership is currently free through August 31 along with membership in one Section or Forum. You can do this by going to this site: http://joinaba.org/200916738 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??
________________________________
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