Empathy List Archives

RC

RPPTL CLC-Discussion

Wed, Sep 13, 2023 8:20 PM

Good afternoon Committee Members,

We have the Florida Standard Jury Instruction for Unjust Enrichment (Contract Implied in Law). We would welcome any versions of such a jury instruction more specific for a construction defect situation. Thank you.

Mike Sasso and David Tegeler

David F. Tegeler
Board Certified in Construction Law, Registered Architect

Sasso & Sasso, P.A.
1031 West Morse Boulevard, Suite 120, Winter Park, Florida 32789
Telephone: (407) 644-7161, Facsimile: (407) 629-6727

CONFIDENTIALITY NOTICE: The information contained in this e-mail message is attorney privileged and confidential. It is intended solely for the use of the recipient named above. If the reader of this message is neither the recipient named above nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify us by e-mail. Please also immediately delete the message, and do not forward or copy it to anyone. Thank you.

Good afternoon Committee Members, We have the Florida Standard Jury Instruction for Unjust Enrichment (Contract Implied in Law). We would welcome any versions of such a jury instruction more specific for a construction defect situation. Thank you. Mike Sasso and David Tegeler David F. Tegeler Board Certified in Construction Law, Registered Architect Sasso & Sasso, P.A. 1031 West Morse Boulevard, Suite 120, Winter Park, Florida 32789 Telephone: (407) 644-7161, Facsimile: (407) 629-6727 CONFIDENTIALITY NOTICE: The information contained in this e-mail message is attorney privileged and confidential. It is intended solely for the use of the recipient named above. If the reader of this message is neither the recipient named above nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify us by e-mail. Please also immediately delete the message, and do not forward or copy it to anyone. Thank you.

RC

RPPTL CLC-Discussion

Wed, Sep 13, 2023 8:39 PM

David

Your email is perfect timing....can you send me the Jury Instruction for Unjust Enrichment...I am preparing so JI's now and that is among the claims...many thanks

Very truly yours,

Peter B. Weintraub, Esquire
WEINTRAUB & WEINTRAUB, P.A.
7700 Congress Avenue, Suite 1110
Boca Raton, Florida 33487
Phone: (561) 988-6411
Fax: (561) 988-6011

CONFIDENTIALITY NOTICE
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a "reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

The information contained in this email message is legally privileged and confidential information 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 copy of this message is strictly prohibited. If you have received this message in error, please notify us by return email or call us at 561-988-6411 (collect if necessary).

THIS EMAIL COMMUNICATION IS NOT INTENDED AS AND SHOULD NOT BE INTERPRETED AS LEGAL ADVICE OR A LEGAL OPINION. THE TRANSMISSION OF THIS E-MAIL COMMUNICATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE SENDER AND YOU. DO NOT ACT OR RELY UPON THE INFORMATION IN THIS COMMUNICATION WITHOUT SEEKING THE ADVICE OF AN ATTORNEY.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 13, 2023 4:21 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Jury Instruction for Unjust Enrichment

Good afternoon Committee Members,

We have the Florida Standard Jury Instruction for Unjust Enrichment (Contract Implied in Law). We would welcome any versions of such a jury instruction more specific for a construction defect situation. Thank you.

Mike Sasso and David Tegeler

David F. Tegeler
Board Certified in Construction Law, Registered Architect

Sasso & Sasso, P.A.
1031 West Morse Boulevard, Suite 120, Winter Park, Florida 32789
Telephone: (407) 644-7161, Facsimile: (407) 629-6727

CONFIDENTIALITY NOTICE: The information contained in this e-mail message is attorney privileged and confidential. It is intended solely for the use of the recipient named above. If the reader of this message is neither the recipient named above nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify us by e-mail. Please also immediately delete the message, and do not forward or copy it to anyone. Thank you.

David Your email is perfect timing....can you send me the Jury Instruction for Unjust Enrichment...I am preparing so JI's now and that is among the claims...many thanks Very truly yours, Peter B. Weintraub, Esquire WEINTRAUB & WEINTRAUB, P.A. 7700 Congress Avenue, Suite 1110 Boca Raton, Florida 33487 Phone: (561) 988-6411 Fax: (561) 988-6011 CONFIDENTIALITY NOTICE Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a "reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information contained in this email message is legally privileged and confidential information 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 copy of this message is strictly prohibited. If you have received this message in error, please notify us by return email or call us at 561-988-6411 (collect if necessary). THIS EMAIL COMMUNICATION IS NOT INTENDED AS AND SHOULD NOT BE INTERPRETED AS LEGAL ADVICE OR A LEGAL OPINION. THE TRANSMISSION OF THIS E-MAIL COMMUNICATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE SENDER AND YOU. DO NOT ACT OR RELY UPON THE INFORMATION IN THIS COMMUNICATION WITHOUT SEEKING THE ADVICE OF AN ATTORNEY. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, September 13, 2023 4:21 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Jury Instruction for Unjust Enrichment Good afternoon Committee Members, We have the Florida Standard Jury Instruction for Unjust Enrichment (Contract Implied in Law). We would welcome any versions of such a jury instruction more specific for a construction defect situation. Thank you. Mike Sasso and David Tegeler David F. Tegeler Board Certified in Construction Law, Registered Architect Sasso & Sasso, P.A. 1031 West Morse Boulevard, Suite 120, Winter Park, Florida 32789 Telephone: (407) 644-7161, Facsimile: (407) 629-6727 CONFIDENTIALITY NOTICE: The information contained in this e-mail message is attorney privileged and confidential. It is intended solely for the use of the recipient named above. If the reader of this message is neither the recipient named above nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the contents of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify us by e-mail. Please also immediately delete the message, and do not forward or copy it to anyone. Thank you.

RC

RPPTL CLC-Discussion

Wed, Sep 13, 2023 10:33 PM

Good afternoon. We have a case for an owner against an unlicensed contractor. The court ruled that the contract is invalid under 489 and that we are entitled to disgorgement. We recently had a hearing on disgorgement in order to obtain an executable judgment for the amount paid by the owner to the unlicensed contractor. The opposing counsel raised the issue that a large portion of the disgorgement amount is for materials that went into the owner's property therefore conveying a benefit that should not have to be disgorged. We argued against it and the judge reserved and wants the issue briefed.

My question - does anyone have either i) any reported cases on this concept that disgorgement should not be setoff by any benefit conferred or, ii) any trial court or other orders on disgorgement that would be helpful?

Thanks in advance for any information.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttp://thelienzone.com/
Biographyhttps://barthet.com/member/alex-barthet/

The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
www.barthet.com http://www.barthet.com/

This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.

Good afternoon. We have a case for an owner against an unlicensed contractor. The court ruled that the contract is invalid under 489 and that we are entitled to disgorgement. We recently had a hearing on disgorgement in order to obtain an executable judgment for the amount paid by the owner to the unlicensed contractor. The opposing counsel raised the issue that a large portion of the disgorgement amount is for materials that went into the owner's property therefore conveying a benefit that should not have to be disgorged. We argued against it and the judge reserved and wants the issue briefed. My question - does anyone have either i) any reported cases on this concept that disgorgement should not be setoff by any benefit conferred or, ii) any trial court or other orders on disgorgement that would be helpful? Thanks in advance for any information. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<http://thelienzone.com/> Biography<https://barthet.com/member/alex-barthet/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<http://www.barthet.com/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.