Something We Should Be Aware Of?

JP
Jeff Price
Fri, Oct 11, 2013 1:16 PM

Ladies & Gentlemen:

Maybe I am just not as aware as the average dirt lawyer, but reserving oil,
gas & mineral rights under 10,000 new homes in Florida without notice? I
understand this kind of tricky stuff in oil & gas country, but Florida? Must
be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes

http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialrepo
rt-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099

http://npw-law.com http://npw-law.com/

ConstructionLaw small logo              NPW_Logo_Fluted_Thumb (1)
ConstructionLaw small logo

This communication is intended for the sole 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 communication is not the intended recipient, employee or agent
responsible for delivering the message to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying of
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communication in error, please immediately notify me by telephone, delete
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A.
Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective
Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam
insulation? The complaints may consist of spray foam insulation either being
a defective product or being misapplied due to almost impossible
instructions to comply with, including the  degree of humidity during
application, the ambient air temperature, the chemical ratios to be mixed,
etc.

I have received a couple in the last 30 days and wanted to gauge whether
anyone practicing construction law is picking these cases up and how the
cases are going.

Thanks.

Signature-2013-sm

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you have received this
transmission in error, do not read it. Please immediately reply to the
sender that you received this communication in error and then delete it.
Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the
Internal Revenue Service pursuant to IRS Circular 230, we inform you that
any 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
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed in this communication.

Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialrepo rt-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com <http://npw-law.com/> ConstructionLaw small logo NPW_Logo_Fluted_Thumb (1) ConstructionLaw small logo This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. Signature-2013-sm Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
GM
Gibbons, Michael
Fri, Oct 11, 2013 1:42 PM

Interesting stuff.  Shows the import of reviewing buyer's title report where such reservation would have to be noted as a title exception.  Problem is of course you are on the eve of closing at that point and refusing to close would likely place you at risk of losing earnest money deposit.  Remedy here is legislation requiring prominent disclosure in the Sales Contract of Seller's intent to retain mineral and underground rights.

Michael R. Gibbons  (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/

    [cid:image001.jpg@01CEC666.2358D070]

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:
Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes
http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099
http://npw-law.comhttp://npw-law.com/

[ConstructionLaw small logo]              [NPW_Logo_Fluted_Thumb (1)]              [ConstructionLaw small logo]

This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the  degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going.

Thanks.

[Signature-2013-sm]

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.commailto:smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

Interesting stuff. Shows the import of reviewing buyer's title report where such reservation would have to be noted as a title exception. Problem is of course you are on the eve of closing at that point and refusing to close would likely place you at risk of losing earnest money deposit. Remedy here is legislation requiring prominent disclosure in the Sales Contract of Seller's intent to retain mineral and underground rights. Michael R. Gibbons (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>) Shareholder Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, FL 32801 Phone: 407-418-6378 Fax: 407-843-4444 email: michael.gibbons@lowndes-law.com<mailto:michael.gibbons@lowndes-law.com> website: http://www.lowndes-law.com<http://www.lowndes-law.com/> [cid:image001.jpg@01CEC666.2358D070] From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com<http://npw-law.com/> [ConstructionLaw small logo] [NPW_Logo_Fluted_Thumb (1)] [ConstructionLaw small logo] This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. [Signature-2013-sm] Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com<mailto:smickley@gouldcooksey.com> The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
WD
Willis, David
Fri, Oct 11, 2013 2:00 PM

There is more oil drilling in Florida than a lot of people realize.  Oil
wells (not currently pumping) are visible from I-4 near Lakeland.
Fracking opens up a lot of areas.  The homes in Celebration built by
Disney have oil, gas, and mineral rights reservations in favor of Tufts
University, but no rights to explore for it.  So it is sort of academic.

So, yes, it is something we should be aware of.

David C. Willis
Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.
407.839.2186


From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff
Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:

Maybe I am just not as aware as the average dirt lawyer, but reserving
oil, gas & mineral rights under 10,000 new homes in Florida without
notice? I understand this kind of tricky stuff in oil & gas country, but
Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes

http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-special
report-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099

http://npw-law.com http://npw-law.com/

This communication is intended for the sole 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 communication is not the intended recipient,
employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify me by telephone, delete this communication, and destroy any
copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean
A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective
Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam
insulation? The complaints may consist of spray foam insulation either
being a defective product or being misapplied due to almost impossible
instructions to comply with, including the  degree of humidity during
application, the ambient air temperature, the chemical ratios to be
mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether
anyone practicing construction law is picking these cases up and how the
cases are going.

Thanks.

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged
and confidential. It is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this transmission in error, do not read it. Please immediately
reply to the sender that you received this communication in error and
then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by
the Internal Revenue Service pursuant to IRS Circular 230, we inform you
that any 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 (i) avoiding penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

There is more oil drilling in Florida than a lot of people realize. Oil wells (not currently pumping) are visible from I-4 near Lakeland. Fracking opens up a lot of areas. The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it. So it is sort of academic. So, yes, it is something we should be aware of. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-special report-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com <http://npw-law.com/> This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
SS
Sakwa, Stuart H.
Fri, Oct 11, 2013 2:12 PM

I have looked into this issue for a client who retained its mineral
rights.  Because his lot was such a small portion of the overall land
being explored, his percentage was a fraction of 1% and his estimated
income was a few hundred dollars per year.  Turns out he wasn't going to
be the next Jed Clampett.

Stuart H Sakwa
Attorney at Law

Board Certified in Construction Law

ARNSTEIN & LEHR LLP

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323

Phone: 561.650.8484 | Fax: 561.802.3082

Mobile: 954.261.9598

shsakwa@arnstein.com mailto:shsakwa@arnstein.com

   <http://legalnews.arnstein.com/>      

http://legalnews.arnstein.com/

Serving Clients for 120 Years
Offices in Illinois, Florida, and Wisconsin

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Willis, David
Sent: Friday, October 11, 2013 10:00 AM
To: Jeff Price; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Something We Should Be Aware Of?

There is more oil drilling in Florida than a lot of people realize.  Oil
wells (not currently pumping) are visible from I-4 near Lakeland.
Fracking opens up a lot of areas.  The homes in Celebration built by
Disney have oil, gas, and mineral rights reservations in favor of Tufts
University, but no rights to explore for it.  So it is sort of academic.

So, yes, it is something we should be aware of.

David C. Willis

Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.

407.839.2186


From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff
Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:

Maybe I am just not as aware as the average dirt lawyer, but reserving
oil, gas & mineral rights under 10,000 new homes in Florida without
notice? I understand this kind of tricky stuff in oil & gas country, but
Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes

http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-special
report-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099

http://npw-law.com http://npw-law.com/

This communication is intended for the sole 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 communication is not the intended recipient,
employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify me by telephone, delete this communication, and destroy any
copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean
A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective
Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam
insulation? The complaints may consist of spray foam insulation either
being a defective product or being misapplied due to almost impossible
instructions to comply with, including the  degree of humidity during
application, the ambient air temperature, the chemical ratios to be
mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether
anyone practicing construction law is picking these cases up and how the
cases are going.

Thanks.

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged
and confidential. It is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this transmission in error, do not read it. Please immediately
reply to the sender that you received this communication in error and
then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by
the Internal Revenue Service pursuant to IRS Circular 230, we inform you
that any 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 (i) avoiding penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

This electronic mail transmission may contain confidential or privileged information.
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax
advice contained in this written or electronic communication, including any
attachments or enclosures, is not intended or written to be used and it cannot
be used by any person or entity for the purpose of (i) avoiding any tax penalties
that may be imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed herein.

I have looked into this issue for a client who retained its mineral rights. Because his lot was such a small portion of the overall land being explored, his percentage was a fraction of 1% and his estimated income was a few hundred dollars per year. Turns out he wasn't going to be the next Jed Clampett. Stuart H Sakwa Attorney at Law Board Certified in Construction Law ARNSTEIN & LEHR LLP 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 | Fax: 561.802.3082 Mobile: 954.261.9598 shsakwa@arnstein.com <mailto:shsakwa@arnstein.com> <http://legalnews.arnstein.com/> <http://legalnews.arnstein.com/> Serving Clients for 120 Years Offices in Illinois, Florida, and Wisconsin From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Willis, David Sent: Friday, October 11, 2013 10:00 AM To: Jeff Price; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Something We Should Be Aware Of? There is more oil drilling in Florida than a lot of people realize. Oil wells (not currently pumping) are visible from I-4 near Lakeland. Fracking opens up a lot of areas. The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it. So it is sort of academic. So, yes, it is something we should be aware of. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-special report-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com <http://npw-law.com/> This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
WP
White, Patrick G.
Fri, Oct 11, 2013 2:34 PM

As is the case here in Collier County as well, where the county's namesake family and related entities have held these sub-surface rights for decades. Drilling even occurs in the now shutdown national parks in So Fla.

This may be "news" to less sophisticated buyers in that respect, but begs the question why folks will not spend the funds to have a real estate lawyer look over their deal....

As to fracking, much of the sub-surface geology in South Florida is not appropriate for that technique, although horizontal drilling is often used.

Patrick G. White | Biohttp://www.porterwright.com/patrick_white/ | Porter Wright Morris & Arthur LLPhttp://www.porterwright.com | 9132 Strada Place, 3rd Floor | Naples, FL 34108

Direct: 239-593-2963 | Mobile: 239-784-5173 | Fax: 239-593-2990 | Toll Free: 800-876-7962 | pwhite@porterwright.com

Florida Bar Board Certified in City, County, and Local Government Law

porterwright

On Oct 11, 2013, at 10:19 AM, "Willis, David" <dwillis@rumberger.commailto:dwillis@rumberger.com> wrote:

There is more oil drilling in Florida than a lot of people realize.  Oil wells (not currently pumping) are visible from I-4 near Lakeland.  Fracking opens up a lot of areas.  The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it.  So it is sort of academic.

So, yes, it is something we should be aware of.

David C. Willis
Board Certified in Construction Law and Business Litigation
Rumberger, Kirk & Caldwell, P.A.
407.839.2186


From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:
Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes
http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099
http://npw-law.comhttp://npw-law.com/

<image001.jpg>              <image008.png>            <image009.jpg>

This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the  degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going.

Thanks.

<image007.jpg>

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.commailto:smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.


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End of Notice

As is the case here in Collier County as well, where the county's namesake family and related entities have held these sub-surface rights for decades. Drilling even occurs in the now shutdown national parks in So Fla. This may be "news" to less sophisticated buyers in that respect, but begs the question why folks will not spend the funds to have a real estate lawyer look over their deal.... As to fracking, much of the sub-surface geology in South Florida is not appropriate for that technique, although horizontal drilling is often used. Patrick G. White | Bio<http://www.porterwright.com/patrick_white/> | Porter Wright Morris & Arthur LLP<http://www.porterwright.com> | 9132 Strada Place, 3rd Floor | Naples, FL 34108 Direct: 239-593-2963 | Mobile: 239-784-5173 | Fax: 239-593-2990 | Toll Free: 800-876-7962 | pwhite@porterwright.com Florida Bar Board Certified in City, County, and Local Government Law porterwright On Oct 11, 2013, at 10:19 AM, "Willis, David" <dwillis@rumberger.com<mailto:dwillis@rumberger.com>> wrote: There is more oil drilling in Florida than a lot of people realize. Oil wells (not currently pumping) are visible from I-4 near Lakeland. Fracking opens up a lot of areas. The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it. So it is sort of academic. So, yes, it is something we should be aware of. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com<http://npw-law.com/> <image001.jpg> <image008.png> <image009.jpg> This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. <image007.jpg> Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com<mailto:smickley@gouldcooksey.com> The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion **********Notice from Porter Wright Morris & Arthur LLP********** This message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read, print or forward it. Please reply to the sender that you have received the message in error. Then delete it. Thank you. To comply with certain U.S. Treasury regulations, we inform you that any federal tax advice contained in this message, including attachments, is not a covered opinion as described in Treasury Department Circular 230 and therefore cannot be relied upon to avoid any tax penalties or to support the promotion or marketing of any federal tax transaction. ********************End of Notice********************
MD
Michael D. Sechrest
Fri, Oct 11, 2013 2:52 PM

South Florida is more twirking than fracking?

Michael D. Sechrest

Warner, Sechrest & Butts

5200 SW 91st Terr. Suite 101

Gainesville, FL 32608

(352)373-5922

CONFIDENTIALITY AND PRIVACY NOTICE Information transmitted by this email is
proprietary and is intended for use only by the individual or entity to
which it is addressed, and may contain information that is private,
privileged, confidential or exempt from disclosure under applicable law. If
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forwarded to you without proper authority, you are notified that any use or
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such cases, please delete this mail from your records. No waiver of
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of White,
Patrick G.
Sent: Friday, October 11, 2013 10:34 AM
To: Willis, David
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Something We Should Be Aware Of?

As is the case here in Collier County as well, where the county's namesake
family and related entities have held these sub-surface rights for decades.
Drilling even occurs in the now shutdown national parks in So Fla.

This may be "news" to less sophisticated buyers in that respect, but begs
the question why folks will not spend the funds to have a real estate lawyer
look over their deal....

As to fracking, much of the sub-surface geology in South Florida is not
appropriate for that technique, although horizontal drilling is often used.

Patrick G. White |  http://www.porterwright.com/patrick_white/ Bio |
http://www.porterwright.com Porter Wright Morris & Arthur LLP | 9132
Strada Place, 3rd Floor | Naples, FL 34108

Direct: 239-593-2963 | Mobile: 239-784-5173 | Fax: 239-593-2990 | Toll Free:
800-876-7962 | pwhite@porterwright.com

Florida Bar Board Certified in City, County, and Local Government Law

porterwright

On Oct 11, 2013, at 10:19 AM, "Willis, David" dwillis@rumberger.com wrote:

There is more oil drilling in Florida than a lot of people realize.  Oil
wells (not currently pumping) are visible from I-4 near Lakeland.  Fracking
opens up a lot of areas.  The homes in Celebration built by Disney have oil,
gas, and mineral rights reservations in favor of Tufts University, but no
rights to explore for it.  So it is sort of academic.

So, yes, it is something we should be aware of.

David C. Willis

Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.

407.839.2186


From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff
Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:

Maybe I am just not as aware as the average dirt lawyer, but reserving oil,
gas & mineral rights under 10,000 new homes in Florida without notice? I
understand this kind of tricky stuff in oil & gas country, but Florida? Must
be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes

http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialrepo
rt-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099

http://npw-law.com http://npw-law.com/

<image001.jpg>              <image008.png>            <image009.jpg>

This communication is intended for the sole 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 communication is not the intended recipient, employee or agent
responsible for delivering the message to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying of
this communication is strictly prohibited.  If you have received this
communication in error, please immediately notify me by telephone, delete
this communication, and destroy any copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A.
Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective
Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam
insulation? The complaints may consist of spray foam insulation either being
a defective product or being misapplied due to almost impossible
instructions to comply with, including the  degree of humidity during
application, the ambient air temperature, the chemical ratios to be mixed,
etc.

I have received a couple in the last 30 days and wanted to gauge whether
anyone practicing construction law is picking these cases up and how the
cases are going.

Thanks.

<image007.jpg>

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copying of
this communication is strictly prohibited. If you have received this
transmission in error, do not read it. Please immediately reply to the
sender that you received this communication in error and then delete it.
Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the
Internal Revenue Service pursuant to IRS Circular 230, we inform you that
any 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
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed in this communication.


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South Florida is more twirking than fracking? Michael D. Sechrest Warner, Sechrest & Butts 5200 SW 91st Terr. Suite 101 Gainesville, FL 32608 (352)373-5922 CONFIDENTIALITY AND PRIVACY NOTICE Information transmitted by this email is proprietary and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. No waiver of attorney-client privilege is intended under any circumstances. _____ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of White, Patrick G. Sent: Friday, October 11, 2013 10:34 AM To: Willis, David Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Something We Should Be Aware Of? As is the case here in Collier County as well, where the county's namesake family and related entities have held these sub-surface rights for decades. Drilling even occurs in the now shutdown national parks in So Fla. This may be "news" to less sophisticated buyers in that respect, but begs the question why folks will not spend the funds to have a real estate lawyer look over their deal.... As to fracking, much of the sub-surface geology in South Florida is not appropriate for that technique, although horizontal drilling is often used. Patrick G. White | <http://www.porterwright.com/patrick_white/> Bio | <http://www.porterwright.com> Porter Wright Morris & Arthur LLP | 9132 Strada Place, 3rd Floor | Naples, FL 34108 Direct: 239-593-2963 | Mobile: 239-784-5173 | Fax: 239-593-2990 | Toll Free: 800-876-7962 | pwhite@porterwright.com Florida Bar Board Certified in City, County, and Local Government Law porterwright On Oct 11, 2013, at 10:19 AM, "Willis, David" <dwillis@rumberger.com> wrote: There is more oil drilling in Florida than a lot of people realize. Oil wells (not currently pumping) are visible from I-4 near Lakeland. Fracking opens up a lot of areas. The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it. So it is sort of academic. So, yes, it is something we should be aware of. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 _____ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialrepo rt-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com <http://npw-law.com/> <image001.jpg> <image008.png> <image009.jpg> This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. <image007.jpg> Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion **********Notice from Porter Wright Morris & Arthur LLP********** This message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read, print or forward it. Please reply to the sender that you have received the message in error. Then delete it. Thank you. 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FD
fred.dudley (at) hklaw.com
Sun, Oct 13, 2013 3:57 PM

I believe a statute was passed several years ago on this subject.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.commailto:fred.dudley@hklaw.com | www.hklaw.comhttp://www.hklaw.com/


Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Willis, David
Sent: Friday, October 11, 2013 10:00 AM
To: Jeff Price; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Something We Should Be Aware Of?

There is more oil drilling in Florida than a lot of people realize.  Oil wells (not currently pumping) are visible from I-4 near Lakeland.  Fracking opens up a lot of areas.  The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it.  So it is sort of academic.

So, yes, it is something we should be aware of.

David C. Willis
Board Certified in Construction Law and Business Litigation
Rumberger, Kirk & Caldwell, P.A.
407.839.2186


From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?
Ladies & Gentlemen:
Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes
http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031  Fax (352) 373-9099
http://npw-law.comhttp://npw-law.com/

[ConstructionLaw small logo]              [NPW_Logo_Fluted_Thumb (1)]              [ConstructionLaw small logo]

This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it.  Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the  degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going.

Thanks.

[Signature-2013-sm]

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley@gouldcooksey.commailto:smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.


IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.


NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

I believe a statute was passed several years ago on this subject. Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> ________________________________________________ Add to address book<http://www.hklaw.com/vcard.aspx?user=frdudley> | View professional biography<http://www.hklaw.com/id77/biosfrdudley> From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Willis, David Sent: Friday, October 11, 2013 10:00 AM To: Jeff Price; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Something We Should Be Aware Of? There is more oil drilling in Florida than a lot of people realize. Oil wells (not currently pumping) are visible from I-4 near Lakeland. Fracking opens up a lot of areas. The homes in Celebration built by Disney have oil, gas, and mineral rights reservations in favor of Tufts University, but no rights to explore for it. So it is sort of academic. So, yes, it is something we should be aware of. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price Sent: Friday, October 11, 2013 9:17 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Something We Should Be Aware Of? Ladies & Gentlemen: Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too. Special Report: U.S. builders hoard mineral rights under new homes http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009 Jeffrey L. Price, Esq. Florida Bar Board Certified - Construction Law Niesen|Price|Worthy|Campo, PA 5216 SW 91st Drive Gainesville, FL 32608 Ph (352) 373-9031 Fax (352) 373-9099 http://npw-law.com<http://npw-law.com/> [ConstructionLaw small logo] [NPW_Logo_Fluted_Thumb (1)] [ConstructionLaw small logo] This communication is intended for the sole 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 communication is not the intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone, delete this communication, and destroy any copies of it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley Sent: Thursday, October 10, 2013 11:01 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc. I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going. Thanks. [Signature-2013-sm] Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com<mailto:smickley@gouldcooksey.com> The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any 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 (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.