Re: [CLC-Discussion] Death of ELR

SK
Sandra Kennedy
Thu, Mar 7, 2013 8:33 PM

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.commailto: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.commailto:joe.lane@lowndes-law.com
www.lowndes-law.comhttp://www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto: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.orgmailto: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.commailto:skennedy@flbbwlaw.com

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto: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.orgmailto: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  (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@01CE1B49.99D356D0]

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.commailto:fred.dudley@hklaw.com; blc@kirwinnorris.commailto:blc@kirwinnorris.com; bkpa1@aol.commailto:bkpa1@aol.com; hroberts@carltonfields.commailto:hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.orgmailto: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
www.lorenlawfirm.comoutbind://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.

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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]

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<mailto:joe.lane@lowndes-law.com> www.lowndes-law.com<http://www.lowndes-law.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto: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<mailto: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> [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<mailto: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<mailto:michael.gibbons@lowndes-law.com> website: http://www.lowndes-law.com<http://www.lowndes-law.com/> [cid:image001.jpg@01CE1B49.99D356D0] 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<mailto:fred.dudley@hklaw.com>; blc@kirwinnorris.com<mailto:blc@kirwinnorris.com>; bkpa1@aol.com<mailto:bkpa1@aol.com>; hroberts@carltonfields.com<mailto:hroberts@carltonfields.com>; clc-discussion@lists.flabarrpptl.org<mailto: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 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]
WL
Weintraub, Lee
Thu, Mar 7, 2013 8:48 PM

Justice Pariente's concurring opinion says the principle of preventing a claimant from seeking better remedies than negotiated in the contract is alive and well and that the majority opinion doesn't foreclose that position. It just isn't the ELR doctrine. It's a contract based argument instead.

Sent from my iPhone

On Mar 7, 2013, at 3:35 PM, "Sandra Kennedy" skennedy@flbbwlaw.com wrote:

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

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

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)
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

     <image001.jpg>

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
<image002.gif>
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
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]

Lee A. Weintraub
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax

LWeintraub@becker-poliakoff.com
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Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. 

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Justice Pariente's concurring opinion says the principle of preventing a claimant from seeking better remedies than negotiated in the contract is alive and well and that the majority opinion doesn't foreclose that position. It just isn't the ELR doctrine. It's a contract based argument instead. Sent from my iPhone On Mar 7, 2013, at 3:35 PM, "Sandra Kennedy" <skennedy@flbbwlaw.com> wrote: > 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 > > > 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 > > 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) > 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 > > <image001.jpg> > > > 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 > <image002.gif> > 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 > 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] > > Lee A. Weintraub Board Certified Construction Lawyer Becker & Poliakoff, P.A. Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.985.4147 Phone 954.985.4176 Fax LWeintraub@becker-poliakoff.com http://www.becker-poliakoff.com www.floridaconstructionlawauthority.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.  Go to http://www.floridaconstructionlawauthority.com/ to subscribe to our complimentary Florida Construction Law Blog. _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion
GM
Gibbons, Michael
Thu, Mar 7, 2013 9:14 PM

And that concurrence failed to garner the support of a majority of the Justices.

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:image003.jpg@01CE1B4E.E9C7FD80]

From: Weintraub, Lee [mailto:LWeintraub@becker-poliakoff.com]
Sent: Thursday, March 07, 2013 3:49 PM
To: Sandra Kennedy
Cc: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

Justice Pariente's concurring opinion says the principle of preventing a claimant from seeking better remedies than negotiated in the contract is alive and well and that the majority opinion doesn't foreclose that position. It just isn't the ELR doctrine. It's a contract based argument instead.

Sent from my iPhone

On Mar 7, 2013, at 3:35 PM, "Sandra Kennedy" skennedy@flbbwlaw.commailto:skennedy@flbbwlaw.com> wrote:
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.commailto:skennedy@flbbwlaw.com

[Becker & Poliakoff]

Lee A. Weintraub
Board Certified Construction Lawyer

Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax

LWeintraub@becker-poliakoff.commailto:LWeintraub@becker-poliakoff.com
www.becker-poliakoff.comhttp://www.becker-poliakoff.com
www.floridaconstructionlawauthority.comhttp://www.floridaconstructionlawauthority.com

Our clients' total satisfaction is our #1 priority.  The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.commailto:CARE@becker-poliakoff.com.

Click herehttp://www.floridaconstructionlawauthority.com/ to subscribe to our complimentary Florida Construction Law Blog.

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.orgmailto: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.commailto:joe.lane@lowndes-law.com
www.lowndes-law.comhttp://www.lowndes-law.com

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto: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.orgmailto: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.commailto:skennedy@flbbwlaw.com

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto: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.orgmailto: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  (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/

    <image001.jpg>

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.commailto:fred.dudley@hklaw.com; blc@kirwinnorris.commailto:blc@kirwinnorris.com; bkpa1@aol.commailto:bkpa1@aol.com; hroberts@carltonfields.commailto:hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.orgmailto: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
<image002.gif>
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.comoutbind://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]


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And that concurrence failed to garner the support of a majority of the Justices. 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:image003.jpg@01CE1B4E.E9C7FD80] From: Weintraub, Lee [mailto:LWeintraub@becker-poliakoff.com] Sent: Thursday, March 07, 2013 3:49 PM To: Sandra Kennedy Cc: Lane, Joseph; Gibbons, Michael; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Death of ELR Justice Pariente's concurring opinion says the principle of preventing a claimant from seeking better remedies than negotiated in the contract is alive and well and that the majority opinion doesn't foreclose that position. It just isn't the ELR doctrine. It's a contract based argument instead. Sent from my iPhone On Mar 7, 2013, at 3:35 PM, "Sandra Kennedy" <skennedy@flbbwlaw.com><mailto:skennedy@flbbwlaw.com>> wrote: 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> [Becker & Poliakoff] Lee A. Weintraub Board Certified Construction Lawyer Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.985.4147 Phone 954.985.4176 Fax LWeintraub@becker-poliakoff.com<mailto:LWeintraub@becker-poliakoff.com> www.becker-poliakoff.com<http://www.becker-poliakoff.com> www.floridaconstructionlawauthority.com<http://www.floridaconstructionlawauthority.com> Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com<mailto:CARE@becker-poliakoff.com>. Click here<http://www.floridaconstructionlawauthority.com/> to subscribe to our complimentary Florida Construction Law Blog. 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<mailto: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<mailto:joe.lane@lowndes-law.com> www.lowndes-law.com<http://www.lowndes-law.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto: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<mailto: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> [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<mailto: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<mailto:michael.gibbons@lowndes-law.com> website: http://www.lowndes-law.com<http://www.lowndes-law.com/> <image001.jpg> 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<mailto:fred.dudley@hklaw.com>; blc@kirwinnorris.com<mailto:blc@kirwinnorris.com>; bkpa1@aol.com<mailto:bkpa1@aol.com>; hroberts@carltonfields.com<mailto:hroberts@carltonfields.com>; clc-discussion@lists.flabarrpptl.org<mailto: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. 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