FW: SB 1196 - Construction Warranties
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com mailto:rfreedman@carltonfields.com
www.carltonfields.com http://www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
Confidential: This e-mail contains a communication protected by the
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expect such a communication please delete this message without reading
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A sprinkler contractor client has been sued in South Carolina and
needs a SC construction atty. Condo project at issue is in Myrtle
Beach, SC. Plaintiff's atty is in Charleston. Prefer a firm with
office in Charleston or Myrtle Beach. Any referrals would be
appreciated. Please respond to michael.gibbons@lowndes-law.com.
Thanks.
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/
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
Since the Florida Supreme Court has accepted jurisdiction over the
appeal of the Maronda Homes case, shouldn't the legislature wait to see
what happens before advancing a bill overturning the 5th DCA's decision
before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged
and confidential information intended only for the use of the individual
or entity named. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON http://www.gray-robinson.com/
ATTORNEYS AT LAW
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Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
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Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
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.
Personally I think this issue is very politically motivated ( perhaps
good viewpoints on either side of it) and is not something we should be
sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Since the Florida Supreme Court has accepted jurisdiction over the
appeal of the Maronda Homes case, shouldn't the legislature wait to see
what happens before advancing a bill overturning the 5th DCA's decision
before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged
and confidential information intended only for the use of the individual
or entity named. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON http://www.gray-robinson.com/
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
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.
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
I agree with Joe and Brian that this bill is a legislative intervention
in the judicial process, quite permissible from a political viewpoint,
but not a step this group should sanction one way or the other. And
certainly not a step that should be taken on such short notice with so
little discussion.
F. Eugene Atwood | Shareholder
Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville,
Florida 32207
Direct 904.346.5721 | GAtwood@rtlaw.com mailto:GAtwood@rtlaw.com |
www.rtlaw.com http://www.rtlaw.com/
Florida Bar Board Certified Construction Attorney
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Personally I think this issue is very politically motivated ( perhaps
good viewpoints on either side of it) and is not something we should be
sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Since the Florida Supreme Court has accepted jurisdiction over the
appeal of the Maronda Homes case, shouldn't the legislature wait to see
what happens before advancing a bill overturning the 5th DCA's decision
before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged
and confidential information intended only for the use of the individual
or entity named. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON http://www.gray-robinson.com/
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
Confidential: This e-mail contains a communication protected by the
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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]
Concur with Joe Lane's comment.
Timothy R. Moorhead, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead@wfmblaw.com
www.wfmblaw.com
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Personally I think this issue is very politically motivated ( perhaps good viewpoints on either side of it) and is not something we should be sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Since the Florida Supreme Court has accepted jurisdiction over the appeal of the Maronda Homes case, shouldn't the legislature wait to see what happens before advancing a bill overturning the 5th DCA's decision before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged and confidential information intended only for the use of the individual or entity named. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC members before formulating a response to the higher-ups with the RPPTL section. Due to the time-sensitive nature of these things, I will only be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSONhttp://www.gray-robinson.com/
ATTORNEYS AT LAW
http://www.gray-robinson.com/
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC have a position on SB 1196 (attached), as introduced by Senator Bennett? This is the homebuilders' legislative attempt to reverse the Maronda Homes decision, and also narrows the common law doctrine in Gable v. Silver. The Condominium and Planned Development and the Real Property Litigation committees have both advised that they are opposed to the proposal. Pete is meeting tomorrow with the homebuilders' representatives (one of whom is Chris Dudley, Fred's son, for purposes of disclosure) to discuss the proposal. We do not have a Section position at this point in time, but want to consider one and need to know the CLC's thoughts. Please advise at your earliest possible convenience, and sorry for the rush. Regards, Rob
[cid:image001.gif@01CCB9A8.7D1DEFE0]
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.commailto:rfreedman@carltonfields.com
www.carltonfields.comhttp://www.carltonfields.com
biohttp://www.carltonfields.com/rfreedman/
vcardhttp://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6b70-4b00-8561-970086e865cf
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.
[cid:image002.gif@01CCB9A8.7D1DEFE0]
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]
Poorly thought out and poorly worded legeslation which should not be
supported. Its reminicent of 713.245.
Jim McCrae
Law Office of Jim McCrae, P.A.
Lake Mary Professional Campus
1349 International Parkway South
Suite 2421
Lake Mary, FL 32746
Main 407 936 1570
Fax 407 936 1571
Email jim@mccraelaw.com
www.mccraelaw.com http://www.mccraelaw.com/
Board Certified by The Florida Bar in Construction Law
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Personally I think this issue is very politically motivated ( perhaps
good viewpoints on either side of it) and is not something we should be
sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Since the Florida Supreme Court has accepted jurisdiction over the
appeal of the Maronda Homes case, shouldn't the legislature wait to see
what happens before advancing a bill overturning the 5th DCA's decision
before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged
and confidential information intended only for the use of the individual
or entity named. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON http://www.gray-robinson.com/
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
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.
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]
Seems the Supreme Court should issue a ruling first?
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Jim
McCrae
Sent: Tuesday, December 13, 2011 3:14 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Poorly thought out and poorly worded legeslation which should not be
supported. Its reminicent of 713.245.
Jim McCrae
Law Office of Jim McCrae, P.A.
Lake Mary Professional Campus
1349 International Parkway South
Suite 2421
Lake Mary, FL 32746
Main 407 936 1570
Fax 407 936 1571
Email jim@mccraelaw.com
www.mccraelaw.com http://www.mccraelaw.com/
Board Certified by The Florida Bar in Construction Law
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Personally I think this issue is very politically motivated ( perhaps
good viewpoints on either side of it) and is not something we should be
sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction
Warranties
Since the Florida Supreme Court has accepted jurisdiction over the
appeal of the Maronda Homes case, shouldn't the legislature wait to see
what happens before advancing a bill overturning the 5th DCA's decision
before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged
and confidential information intended only for the use of the individual
or entity named. If the reader of the message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of the communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC
members before formulating a response to the higher-ups with the RPPTL
section. Due to the time-sensitive nature of these things, I will only
be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON http://www.gray-robinson.com/
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.
From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC
have a position on SB 1196 (attached), as introduced by Senator Bennett?
This is the homebuilders' legislative attempt to reverse the Maronda
Homes decision, and also narrows the common law doctrine in Gable v.
Silver. The Condominium and Planned Development and the Real Property
Litigation committees have both advised that they are opposed to the
proposal. Pete is meeting tomorrow with the homebuilders'
representatives (one of whom is Chris Dudley, Fred's son, for purposes
of disclosure) to discuss the proposal. We do not have a Section
position at this point in time, but want to consider one and need to
know the CLC's thoughts. Please advise at your earliest possible
convenience, and sorry for the rush. Regards, Rob
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/rfreedman/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=1349b8e2-6
b70-4b00-8561-970086e865cf>
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.
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]
Given that we are counsel of record for one of the parties in the Supreme Court process, it would be inappropriate for us to comment.
For those who are interested, the Supreme Court argument is available for review at the Supreme Court website.
JAMES E. MOYE
Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP
(407) 622-5250
[Description: Description: Description: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement]
[Confidentiality Notice: This e-mail, the information contained herein, and any attachments hereto, are intended only for the addressee(s) listed above, and is privileged and confidential. Any unauthorized interception, use, dissemination, distribution or disclosure hereof is strictly prohibited.]
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Michelle Kane
Sent: Tuesday, December 13, 2011 4:39 PM
To: jim@mccraelaw.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Seems the Supreme Court should issue a ruling first?
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org]mailto:[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Jim McCrae
Sent: Tuesday, December 13, 2011 3:14 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Poorly thought out and poorly worded legeslation which should not be supported. Its reminicent of 713.245.
Jim McCrae
Law Office of Jim McCrae, P.A.
Lake Mary Professional Campus
1349 International Parkway South
Suite 2421
Lake Mary, FL 32746
Main 407 936 1570
Fax 407 936 1571
Email jim@mccraelaw.commailto:jim@mccraelaw.com
www.mccraelaw.comhttp://www.mccraelaw.com/
[cid:image005.gif@01CCB9D0.9A63CE30]
Board Certified by The Florida Bar in Construction Law
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org]mailto:[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Personally I think this issue is very politically motivated ( perhaps good viewpoints on either side of it) and is not something we should be sanctioning legislation to promote or kill.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.commailto:joe.lane@lowndes-law.com
www.lowndes-law.comhttp://www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org]mailto:[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Since the Florida Supreme Court has accepted jurisdiction over the appeal of the Maronda Homes case, shouldn't the legislature wait to see what happens before advancing a bill overturning the 5th DCA's decision before the Florida Supreme Court has a chance to issue its opinion?
Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax (407) 386-1901
The information contained in this electronic mail message is privileged and confidential information intended only for the use of the individual or entity named. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (407) 386-1900 or reply email and delete this message.
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org]mailto:[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High
Folks: Please see the attached. I am soliciting comments from CLC members before formulating a response to the higher-ups with the RPPTL section. Due to the time-sensitive nature of these things, I will only be able to include responses received by COB today.
Thanks,
Reese
Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.commailto:Reese.Henderson@gray-robinson.com
GRAY | ROBINSONhttp://www.gray-robinson.com/
ATTORNEYS AT LAW
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From: Freedman, Robert S. [mailto:rfreedman@carltonfields.com]mailto:[mailto:rfreedman@carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously. Does the CLC have a position on SB 1196 (attached), as introduced by Senator Bennett? This is the homebuilders' legislative attempt to reverse the Maronda Homes decision, and also narrows the common law doctrine in Gable v. Silver. The Condominium and Planned Development and the Real Property Litigation committees have both advised that they are opposed to the proposal. Pete is meeting tomorrow with the homebuilders' representatives (one of whom is Chris Dudley, Fred's son, for purposes of disclosure) to discuss the proposal. We do not have a Section position at this point in time, but want to consider one and need to know the CLC's thoughts. Please advise at your earliest possible convenience, and sorry for the rush. Regards, Rob
[Carlton Fields, P.A.]
Robert S. Freedman
Attorney At Law
4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida 33607-5780
direct 813.229.4149
fax 813.229.4133
rfreedman@carltonfields.commailto:rfreedman@carltonfields.com
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