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Gene Atwood

Thu, Mar 7, 2013 8:58 PM

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion. In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion. I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick. I agree with Sandra, we lost a label, not the underlying principles.

Gene 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: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit damages to contract theories. That’s what I meant. We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy

Florida Bar Board Certified Construction Lawyer

Ferencik Libanoff Brandt Bustamante and Williams, P.A.

150 South Pine Island Road, Suite 400

Fort Lauderdale, Florida 33324

Tel (954) 474-8080

Fax (954) 474-7343

Miami (305) 949-8003

skennedy@flbbwlaw.com mailto:skennedy@flbbwlaw.com

From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy

Florida Bar Board Certified Construction Lawyer

Ferencik Libanoff Brandt Bustamante and Williams, P.A.

150 South Pine Island Road, Suite 400

Fort Lauderdale, Florida 33324

Tel (954) 474-8080

Fax (954) 474-7343

Miami (305) 949-8003

skennedy@flbbwlaw.com mailto:skennedy@flbbwlaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR. In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly hold that the ELR is limited to products liability cases period. Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a. Just in time for the Construction Law Institute.

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

website: http://www.lowndes-law.com http://www.lowndes-law.com/

From: Bruce Loren [mailto:bloren@lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley@hklaw.com; blc@kirwinnorris.com; bkpa1@aol.com; hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.org
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.

Board Certified by The Florida Bar in Construction Law

Certified by the U.S. Green Building Council

as a Leed Accredited Professional

LOREN LAW FIRM

2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409

Phone: (561) 615-5701

Fax: (561) 615-5708

www.lorenlawfirm.com outbind://55/www.lorenlawfirm.com

The information contained in this e-mail message is attorney client privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of the message is not the intended recipient, or the employer or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above via the U.S. Postal Service. Thank you.

-Please consider the environment before printing this e-mail

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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]

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]

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion. In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion. I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick. I agree with Sandra, we lost a label, not the underlying principles. Gene 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: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy Sent: Thursday, March 07, 2013 3:34 PM To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Death of ELR I would expect more negligence cases, and different arguments to limit damages to contract theories. That’s what I meant. We may not call it the ELR, but we will deal with similar principles and face more claims. Sandra D. Kennedy Florida Bar Board Certified Construction Lawyer Ferencik Libanoff Brandt Bustamante and Williams, P.A. 150 South Pine Island Road, Suite 400 Fort Lauderdale, Florida 33324 Tel (954) 474-8080 Fax (954) 474-7343 Miami (305) 949-8003 skennedy@flbbwlaw.com <mailto:skennedy@flbbwlaw.com> From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com] Sent: Thursday, March 07, 2013 3:28 PM To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org Subject: RE: Death of ELR If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore -- this decison comes from the Boss. Joseph A. Lane, Esq. Board Certified in Construction Law by The Florida Bar Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, FL 32801 Phone: 407-418-6343 Fax: 407-843-4444 email: joe.lane@lowndes-law.com www.lowndes-law.com From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy Sent: Thursday, March 07, 2013 3:04 PM To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Death of ELR I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there! Sandra D. Kennedy Florida Bar Board Certified Construction Lawyer Ferencik Libanoff Brandt Bustamante and Williams, P.A. 150 South Pine Island Road, Suite 400 Fort Lauderdale, Florida 33324 Tel (954) 474-8080 Fax (954) 474-7343 Miami (305) 949-8003 skennedy@flbbwlaw.com <mailto:skennedy@flbbwlaw.com> From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael Sent: Thursday, March 07, 2013 2:49 PM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Death of ELR The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR. In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly hold that the ELR is limited to products liability cases period. Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a. Just in time for the Construction Law Institute. 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 website: http://www.lowndes-law.com <http://www.lowndes-law.com/> From: Bruce Loren [mailto:bloren@lorenlawfirm.com] Sent: Wednesday, March 06, 2013 6:37 AM To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley@hklaw.com; blc@kirwinnorris.com; bkpa1@aol.com; hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.org Subject: RE: Recommendation for ADA expert in the Jacksonville area Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center? Thanks Bruce E. Loren, Esq. Board Certified by The Florida Bar in Construction Law Certified by the U.S. Green Building Council as a Leed Accredited Professional LOREN LAW FIRM 2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409 Phone: (561) 615-5701 Fax: (561) 615-5708 www.lorenlawfirm.com <outbind://55/www.lorenlawfirm.com> The information contained in this e-mail message is attorney client privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of the message is not the intended recipient, or the employer or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above via the U.S. Postal Service. Thank you. -Please consider the environment before printing this e-mail 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] 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]

CD

Claire Duchemin

Thu, Mar 7, 2013 9:13 PM

“She” wrote a concurring opinion. Not He.

Claire A. Duchemin

Claire A. Duchemin, P.A.

Attorney at Law

1615 Village Square Blvd., Suite #7

Tallahassee, FL 32309

Phone: 850-270-9870

Fax: 850-270-9873

Email: caduchemin@live.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gene Atwood
Sent: Thursday, March 07, 2013 3:58 PM
To: Sandra Kennedy; Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion. In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion. I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick. I agree with Sandra, we lost a label, not the underlying principles.

Gene Atwood | Shareholder

Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville, Florida 32207

Direct 904.346.5721 | mailto:GAtwood@rtlaw.com GAtwood@rtlaw.com | http://www.RTlaw.com www.rtlaw.com

Florida Bar Board Certified Construction Attorney

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit damages to contract theories. That’s what I meant. We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy

Florida Bar Board Certified Construction Lawyer

Ferencik Libanoff Brandt Bustamante and Williams, P.A.

150 South Pine Island Road, Suite 400

Fort Lauderdale, Florida 33324

Tel (954) 474-8080

Fax (954) 474-7343

Miami (305) 949-8003

mailto:skennedy@flbbwlaw.com skennedy@flbbwlaw.com

From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy

Florida Bar Board Certified Construction Lawyer

Ferencik Libanoff Brandt Bustamante and Williams, P.A.

150 South Pine Island Road, Suite 400

Fort Lauderdale, Florida 33324

Tel (954) 474-8080

Fax (954) 474-7343

Miami (305) 949-8003

mailto:skennedy@flbbwlaw.com skennedy@flbbwlaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR. In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly hold that the ELR is limited to products liability cases period. Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a. Just in time for the Construction Law Institute.

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

website: http://www.lowndes-law.com http://www.lowndes-law.com/

From: Bruce Loren [mailto:bloren@lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley@hklaw.com; blc@kirwinnorris.com; bkpa1@aol.com; hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.org
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.

Board Certified by The Florida Bar in Construction Law

Certified by the U.S. Green Building Council

as a Leed Accredited Professional

cid:850105815@16102011-27B0

LOREN LAW FIRM

2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409

Phone: (561) 615-5701

Fax: (561) 615-5708

outbind://55/www.lorenlawfirm.com www.lorenlawfirm.com