From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Wednesday, April 18, 2012 6:36 PM
To: Bruce Partington
Subject: Bond coverage
Good question Bruce. My thoughts:
1. Take a look at Phoenix Indemnity v. Board of Public Instruction
of Alachua County, 114 So. 2d 478 (Fla. 1st DCA 1959). The Phoenix
Indemnity court held that the contractor's surety bond was liable for
payment of insurance premiums not paid by contractor despite contractor
having an express contractual obligation to make the premium payments.
Not exactly your claim but close and certainly gets at the obvious issue
that your claim is not for completion of the bricks and mortar (which
every surety lawyer wants to limit the surety bond coverage to).
2. Is there an issue of who suffered the damage and the operation
of the mutual waiver of subrogation clauses doubtlessly present in the
contracts at issue? Could not tell in your summary but I believe this
may be an issue. If the GC had insurance coverage for the claim (which
it sounds like) and would simply like to have the sub's policy be
primary on the loss, then there may be an issue with actual damages
suffered by GC (given the presence of insurance). Also, if the loss
falls on the carrier, depending on the operation and breadth of the
mutual waiver of subro language, there may not be any subrogation rights
arising out of the loss (especially a property loss).
Is there an issue re operation of a mutual waiver of
consequential damages provision in the incorporated subcontract (either
directly or by reference or incorporation of the prime contract
documents)? Not clear whether the category of damages being claimed
would fall into the "consequential damages" bucket but it sounds like
that might be the case.
The AIA A 312 bond form is broad in scope and contains some
favorable language for the obligee. Without knowing all the facts, it
sounds like there may be a colorable claim if some of the above raised
concerns are addressed (as well as others which I have failed to
identify).
Good luck.
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
website: http://www.lowndes-law.com
Notice of Confidentiality: This e-mail communication and the
attachment(s) hereto, if any, are intended solely for the information
and use of the addressee(s) identified above and may contain information
which is legally privileged from disclosure and/or otherwise
confidential. If a recipient of this e-mail communication is not an
addressee (or an authorized representative of an addressee), such
recipient is hereby advised that any review, disclosure, reproduction,
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communication (or any information contained herein) is strictly
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unless we expressly state otherwise in writing, such tax advice is not
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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]
Does anyone know of a case that would estop a surety from relying on the
SOL to defeat a subcontractor claim when it denied (in writing) that a
bond was in place during the SOL period?
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the undersigned
by E-MAIL and by telephone and obtain instructions as to the disposal of
the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Bruce Partington
Sent: Thursday, April 19, 2012 9:31 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Bond coverage
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Wednesday, April 18, 2012 6:36 PM
To: Bruce Partington
Subject: Bond coverage
Good question Bruce. My thoughts:
1. Take a look at Phoenix Indemnity v. Board of Public Instruction
of Alachua County, 114 So. 2d 478 (Fla. 1st DCA 1959). The Phoenix
Indemnity court held that the contractor's surety bond was liable for
payment of insurance premiums not paid by contractor despite contractor
having an express contractual obligation to make the premium payments.
Not exactly your claim but close and certainly gets at the obvious issue
that your claim is not for completion of the bricks and mortar (which
every surety lawyer wants to limit the surety bond coverage to).
2. Is there an issue of who suffered the damage and the operation
of the mutual waiver of subrogation clauses doubtlessly present in the
contracts at issue? Could not tell in your summary but I believe this
may be an issue. If the GC had insurance coverage for the claim (which
it sounds like) and would simply like to have the sub's policy be
primary on the loss, then there may be an issue with actual damages
suffered by GC (given the presence of insurance). Also, if the loss
falls on the carrier, depending on the operation and breadth of the
mutual waiver of subro language, there may not be any subrogation rights
arising out of the loss (especially a property loss).
Is there an issue re operation of a mutual waiver of
consequential damages provision in the incorporated subcontract (either
directly or by reference or incorporation of the prime contract
documents)? Not clear whether the category of damages being claimed
would fall into the "consequential damages" bucket but it sounds like
that might be the case.
The AIA A 312 bond form is broad in scope and contains some
favorable language for the obligee. Without knowing all the facts, it
sounds like there may be a colorable claim if some of the above raised
concerns are addressed (as well as others which I have failed to
identify).
Good luck.
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
website: http://www.lowndes-law.com
Notice of Confidentiality: This e-mail communication and the
attachment(s) hereto, if any, are intended solely for the information
and use of the addressee(s) identified above and may contain information
which is legally privileged from disclosure and/or otherwise
confidential. If a recipient of this e-mail communication is not an
addressee (or an authorized representative of an addressee), such
recipient is hereby advised that any review, disclosure, reproduction,
re-transmission or other dissemination or use of this e-mail
communication (or any information contained herein) is strictly
prohibited. If you are not an addressee and have received this e-mail
communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately
delete this e-mail communication from any computer and destroy all
physical copies of same.
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.
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]
If the lienor requested a copy of the bond from the contractor or owner
and did not receive one, then the lienor may have rights against them
for failure to provide a copy, but that will not excuse the lienor's
failure to timely perfect its claim against the surety. Bridgeport,
Inc. v. Tampa Roofing Co. (Fla. 2d DCA 2005); Bridgeport, Inc. v. Rinker
Materials Corp., 849 So. 2d 1193 (Fla. 4th DCA 2003); Mursten Const. Co.
v. C.E.S. Industries, Inc., 588 So. 2d 1061 (Fla. 3d DCA 1991).
Lee A. Weintraub
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525
954.985.4147 Phone
954.985.4176 Fax
LWeintraub@becker-poliakoff.com
http://www.becker-poliakoff.com
Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.
Go to http://www.floridaconstructionlawauthority.com/ to subscribe to our complimentary Florida Construction Law Blog.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Tracye
Sent: Thursday, April 19, 2012 9:58 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Public Project Bond and SOL
Does anyone know of a case that would estop a surety from relying on the
SOL to defeat a subcontractor claim when it denied (in writing) that a
bond was in place during the SOL period?
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the undersigned
by E-MAIL and by telephone and obtain instructions as to the disposal of
the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Bruce Partington
Sent: Thursday, April 19, 2012 9:31 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Bond coverage
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Wednesday, April 18, 2012 6:36 PM
To: Bruce Partington
Subject: Bond coverage
Good question Bruce. My thoughts:
1. Take a look at Phoenix Indemnity v. Board of Public Instruction
of Alachua County, 114 So. 2d 478 (Fla. 1st DCA 1959). The Phoenix
Indemnity court held that the contractor's surety bond was liable for
payment of insurance premiums not paid by contractor despite contractor
having an express contractual obligation to make the premium payments.
Not exactly your claim but close and certainly gets at the obvious issue
that your claim is not for completion of the bricks and mortar (which
every surety lawyer wants to limit the surety bond coverage to).
2. Is there an issue of who suffered the damage and the operation
of the mutual waiver of subrogation clauses doubtlessly present in the
contracts at issue? Could not tell in your summary but I believe this
may be an issue. If the GC had insurance coverage for the claim (which
it sounds like) and would simply like to have the sub's policy be
primary on the loss, then there may be an issue with actual damages
suffered by GC (given the presence of insurance). Also, if the loss
falls on the carrier, depending on the operation and breadth of the
mutual waiver of subro language, there may not be any subrogation rights
arising out of the loss (especially a property loss).
Is there an issue re operation of a mutual waiver of
consequential damages provision in the incorporated subcontract (either
directly or by reference or incorporation of the prime contract
documents)? Not clear whether the category of damages being claimed
would fall into the "consequential damages" bucket but it sounds like
that might be the case.
The AIA A 312 bond form is broad in scope and contains some
favorable language for the obligee. Without knowing all the facts, it
sounds like there may be a colorable claim if some of the above raised
concerns are addressed (as well as others which I have failed to
identify).
Good luck.
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
website: http://www.lowndes-law.com
Notice of Confidentiality: This e-mail communication and the
attachment(s) hereto, if any, are intended solely for the information
and use of the addressee(s) identified above and may contain information
which is legally privileged from disclosure and/or otherwise
confidential. If a recipient of this e-mail communication is not an
addressee (or an authorized representative of an addressee), such
recipient is hereby advised that any review, disclosure, reproduction,
re-transmission or other dissemination or use of this e-mail
communication (or any information contained herein) is strictly
prohibited. If you are not an addressee and have received this e-mail
communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately
delete this e-mail communication from any computer and destroy all
physical copies of same.
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.
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]
public work (255.05 or 337.18 bond), or private work (713.23 or 24)?
Gregory T. Elliott
/ELLIOTT - BERGER, P. A.///
10225 Ulmerton Road, Suite 4A
Largo, Florida 33771
(727) 360-2600 (Phone)
(727) 360-6588 (Fax)*
Board Certified In Construction Law
*NOTICE OF CONFIDENTIALITY:***This message and its attachments are
intended solely for the use of the addressee. In addition, this message
and the attachments may contain information that is confidential,
privileged and exempt from disclosure under applicable law. If you are
not the intended recipient of this message, you are prohibited from
reading, disclosing, reproducing, distributing, disseminating or
otherwise using this transmission. Delivery of this message to any
person other than the intended recipient is not intended to waive any
right or privilege. If you have received this message in error, please
promptly notify the sender by reply E-mail and immediately delete this
message from your system.
On 4/19/2012 9:57 AM, Tracye wrote:
Does anyone know of a case that would estop a surety from relying on
the SOL to defeat a subcontractor claim when it denied (in writing)
that a bond was in place during the SOL period?
Logo
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
/Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial
Landlord/Tenant and Real Estate Foreclosures/
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the
undersigned by E-MAIL and by telephone and obtain instructions as to
the disposal of the transmitted material. In no event shall this
material be read, used, copied, reproduced, stored or retained by
anyone other than the intended recipient(s) except with the express
written consent of the sender. Thank you.
*From:*constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] *On Behalf Of
*Bruce Partington
Sent: Thursday, April 19, 2012 9:31 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Bond coverage
*From:*Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Wednesday, April 18, 2012 6:36 PM
To: Bruce Partington
Subject: Bond coverage
Good question Bruce. My thoughts:
1. Take a look at Phoenix Indemnity v. Board of Public
Instruction of Alachua County, 114 So. 2d 478 (Fla. 1st DCA 1959).
The Phoenix Indemnity court held that the contractor's surety bond was
liable for payment of insurance premiums not paid by contractor
despite contractor having an express contractual obligation to make
the premium payments. Not exactly your claim but close and certainly
gets at the obvious issue that your claim is not for completion of the
bricks and mortar (which every surety lawyer wants to limit the surety
bond coverage to).
2. Is there an issue of who suffered the damage and the operation
of the mutual waiver of subrogation clauses doubtlessly present in the
contracts at issue? Could not tell in your summary but I believe this
may be an issue. If the GC had insurance coverage for the claim
(which it sounds like) and would simply like to have the sub's policy
be primary on the loss, then there may be an issue with actual damages
suffered by GC (given the presence of insurance). Also, if the loss
falls on the carrier, depending on the operation and breadth of the
mutual waiver of subro language, there may not be any subrogation
rights arising out of the loss (especially a property loss).
3. Is there an issue re operation of a mutual waiver of
consequential damages provision in the incorporated subcontract
(either directly or by reference or incorporation of the prime
contract documents)? Not clear whether the category of damages being
claimed would fall into the "consequential damages" bucket but it
sounds like that might be the case.
4. The AIA A 312 bond form is broad in scope and contains some
favorable language for the obligee. Without knowing all the facts, it
sounds like there may be a colorable claim if some of the above raised
concerns are addressed (as well as others which I have failed to
identify).
Good luck.
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
*Notice of Confidentiality:*This e-mail communication and the
attachment(s) hereto, if any, are intended solely for the information
and use of the addressee(s) identified above and may contain
information which is legally privileged from disclosure and/or
otherwise confidential. If a recipient of this e-mail communication is
not an addressee (or an authorized representative of an addressee),
such recipient is hereby advised that any review, disclosure,
reproduction, re-transmission or other dissemination or use of this
e-mail communication (or any information contained herein) is strictly
prohibited. If you are not an addressee and have received this e-mail
communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately
delete this e-mail communication from any computer and destroy all
physical copies of same.
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.
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]
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
These were 255.05 bonds which were recorded. When we sent our letter to
the surety indicating that we intended to look to the bonds, the surety
responded by telling us that the bonds were withdrawn, with permission
of the public entity. If the bonds are found to be in place, can the
surety rely on the SOL to defeat the subcontractor's claim?
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the undersigned
by E-MAIL and by telephone and obtain instructions as to the disposal of
the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Greg
Elliott
Sent: Thursday, April 19, 2012 10:21 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Public Project Bond and SOL
public work (255.05 or 337.18 bond), or private work (713.23 or 24)?
Gregory T. Elliott
ELLIOTT - BERGER, P. A.
10225 Ulmerton Road, Suite 4A
Largo, Florida 33771
(727) 360-2600 (Phone)
(727) 360-6588 (Fax)
Board Certified In Construction Law
NOTICE OF CONFIDENTIALITY: This message and its attachments are intended
solely for the use of the addressee. In addition, this message and the
attachments may contain information that is confidential, privileged and
exempt from disclosure under applicable law. If you are not the intended
recipient of this message, you are prohibited from reading, disclosing,
reproducing, distributing, disseminating or otherwise using this
transmission. Delivery of this message to any person other than the
intended recipient is not intended to waive any right or privilege. If
you have received this message in error, please promptly notify the
sender by reply E-mail and immediately delete this message from your
system.
On 4/19/2012 9:57 AM, Tracye wrote:
Does anyone know of a case that would estop a surety from relying on the
SOL to defeat a subcontractor claim when it denied (in writing) that a
bond was in place during the SOL period?
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
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From: constructionlaw-bounces@lists.flabarrpptl.org [
mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Bruce
Partington
Sent: Thursday, April 19, 2012 9:31 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: Bond coverage
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Wednesday, April 18, 2012 6:36 PM
To: Bruce Partington
Subject: Bond coverage
Good question Bruce. My thoughts:
1. Take a look at Phoenix Indemnity v. Board of Public Instruction
of Alachua County, 114 So. 2d 478 (Fla. 1st DCA 1959). The Phoenix
Indemnity court held that the contractor's surety bond was liable for
payment of insurance premiums not paid by contractor despite contractor
having an express contractual obligation to make the premium payments.
Not exactly your claim but close and certainly gets at the obvious issue
that your claim is not for completion of the bricks and mortar (which
every surety lawyer wants to limit the surety bond coverage to).
2. Is there an issue of who suffered the damage and the operation
of the mutual waiver of subrogation clauses doubtlessly present in the
contracts at issue? Could not tell in your summary but I believe this
may be an issue. If the GC had insurance coverage for the claim (which
it sounds like) and would simply like to have the sub's policy be
primary on the loss, then there may be an issue with actual damages
suffered by GC (given the presence of insurance). Also, if the loss
falls on the carrier, depending on the operation and breadth of the
mutual waiver of subro language, there may not be any subrogation rights
arising out of the loss (especially a property loss).
Is there an issue re operation of a mutual waiver of
consequential damages provision in the incorporated subcontract (either
directly or by reference or incorporation of the prime contract
documents)? Not clear whether the category of damages being claimed
would fall into the "consequential damages" bucket but it sounds like
that might be the case.
The AIA A 312 bond form is broad in scope and contains some
favorable language for the obligee. Without knowing all the facts, it
sounds like there may be a colorable claim if some of the above raised
concerns are addressed (as well as others which I have failed to
identify).
Good luck.
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
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Any recommendations for a Central Florida (Orlando preferably) consultant to help assess a home to prepare a 558 claim? Mostly general construction issues but some structural, no electrical or HVAC.
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
Paul Gidus
Sent from my iPhone
On May 18, 2012, at 10:31 AM, "Gregory Johansen" <gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com> wrote:
Any recommendations for a Central Florida (Orlando preferably) consultant to help assess a home to prepare a 558 claim? Mostly general construction issues but some structural, no electrical or HVAC.
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
constructionlaw mailing list
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http://mailman.fsr.com/mailman/listinfo/constructionlaw
Roger Repstein. He is a licensed architect, professional engineer and general contractor (407) 830-6522
From: constructionlaw-bounces@lists.flabarrpptl.org on behalf of Curtis Brown
Sent: Fri 5/18/2012 10:40 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Consultant to assist with Chapter 558 claim
Paul Gidus
Sent from my iPhone
On May 18, 2012, at 10:31 AM, "Gregory Johansen" <gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com> wrote:
Any recommendations for a Central Florida (Orlando preferably) consultant to help assess a home to prepare a 558 claim? Mostly general construction issues but some structural, no electrical or HVAC.
Thanks
Greg
Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814
407-956-1050
407-514-2604 (fax)
gregoryjohansen@gjjlaw.commailto:gregoryjohansen@gjjlaw.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we
inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential.
If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
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