Local counsel in Cincinnati??
Any recommendations for local counsel in the Cincinnati area?
Thank you for your help.
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35),
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Ian H. Frank
Frantz Ward LLP
2500 Key Center
127 Public Square
Cleveland, OH 44114-1230
216-515-1660 tele
216-515-1650 fax
Sara E. Hutchins
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
127 Public Square, 4130 Key Tower
Cleveland, OH
(216) 241-6100 office
317-916-2526 direct
(216) 357-4733 fax
sara.hutchins@ogletreedeakins.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Dan
Greene
Sent: Tuesday, August 16, 2011 3:25 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Local counsel in Cincinnati??
Any recommendations for local counsel in the Cincinnati area?
Thank you for your help.
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we inform you that any tax advice contained in this
correspondence was not intended or written by us to be used, and cannot
be used by you or anyone else, for the purpose of avoiding penalties
imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for
the recipient(s)only. If you received this e-mail in error, please
notify the sender immediately, delete the e-mail and do not copy or
disclose it. If you are not an existing client, do not construe anything
in this e-mail to make you a client unless it contains a specific
statement to that effect and do not disclose anything to Daniel M.
Greene, P.A. that you expect to be confidential. If you properly
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should maintain its contents in confidence to preserve the
attorney-client or work product privilege.
Is anyone familiar with a right to offset/setoff monies owed to party A by party B on one project against damages caused by party A to party B on a separate project where the contracts do not contain a cross default provision?
Negative or positive case law is welcome. Thank you in advance.
George J. Dramis
Attorney at Law
Florida Bar Board Certified in Construction Law
[cid:image001.jpg@01CC5CD0.DF19BA60]
Morgan*Dramis
2364 Fruitville Rd.
Sarasota, Fl. 34237
(941) 953-4555 Office
(941) 953-4533 Facsimile
This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 953-4555, or e-mail at gdramis@morgandramis.commailto:gdramis@morgandramis.com and immediately delete this message and all of its attachments.
Good question George. I don't have caselaw. The issue does come
up periodically with Owners contracting with same GC over several
projects and GC's contracting with same subs over several projects. One
practical constraint on the application of setoff in this context is the
ripple prejudicial effect on othewise "innocent" lower tier subs and
suppliers (or owners on unbonded projects).
Assuming GC withholds payment to Sub on project A due to damages
caused by Sub to GC on project B, any subs or suppliers on project A
will now be prejudiced and likely unpaid even for conforming work. If
such lienors record liens, now Owner is prejudiced. If GC pays directly
such subs and suppliers, the value of the setoff may be lost or greatly
reduced.
Also, you should take a look at Fla. Stat. s. 713.345. A GC
receiving monies for improvements on Project A may be guilty of
misappropriation of construction funds if GC fails to pay out such
monies to lienors on Project A due to damages incurred on Project B
especially if there is no contractual right to withhold the monies. The
statute does allow a GC or other lienor to withhold monies pursuant to
terms of a contract. It also references withholding "pursuant to a bona
fide dispute regarding the amounts due". Open question whether claim on
unrelated project fits within the "bona fide dispute" safe harbor.
Michael R. Gibbons (Bio
http://lowndes-law.com/our-people/michael-r-gibbons )
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com http://www.lowndes-law.com/
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
George Dramis
Sent: Wednesday, August 17, 2011 11:36 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Setoff
Is anyone familiar with a right to offset/setoff monies owed to party A
by party B on one project against damages caused by party A to party B
on a separate project where the contracts do not contain a cross default
provision?
Negative or positive case law is welcome. Thank you in advance.
George J. Dramis
Attorney at Law
Florida Bar Board Certified in Construction Law
MorgannDramis
2364 Fruitville Rd.
Sarasota, Fl. 34237
(941) 953-4555 Office
(941) 953-4533 Facsimile
This transmittal may be a confidential attorney-client communication or
may otherwise be privileged or confidential. If it is not clear that
you are the intended recipient, you are hereby notified that you have
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Hey George, hope all is well. I have researched the issue in the past and
came to the conclusion that, absent a contractual cross-default provision, a
GC cannot withhold payment which is admittedly due to a sub on project A, as
a result of damages or "backcharges" under contract B on an entirely
separate project. I will see if I can dig up those cases for you.
Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824
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From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons,
Michael
Sent: Wednesday, August 17, 2011 1:08 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Setoff
Good question George. I don't have caselaw. The issue does come up
periodically with Owners contracting with same GC over several projects and
GC's contracting with same subs over several projects. One practical
constraint on the application of setoff in this context is the ripple
prejudicial effect on othewise "innocent" lower tier subs and suppliers (or
owners on unbonded projects).
Assuming GC withholds payment to Sub on project A due to damages
caused by Sub to GC on project B, any subs or suppliers on project A will
now be prejudiced and likely unpaid even for conforming work. If such
lienors record liens, now Owner is prejudiced. If GC pays directly such
subs and suppliers, the value of the setoff may be lost or greatly reduced.
Also, you should take a look at Fla. Stat. s. 713.345. A GC receiving
monies for improvements on Project A may be guilty of misappropriation of
construction funds if GC fails to pay out such monies to lienors on Project
A due to damages incurred on Project B especially if there is no contractual
right to withhold the monies. The statute does allow a GC or other lienor
to withhold monies pursuant to terms of a contract. It also references
withholding "pursuant to a bona fide dispute regarding the amounts due".
Open question whether claim on unrelated project fits within the "bona fide
dispute" safe harbor.
Michael R. Gibbons (Bio
http://lowndes-law.com/our-people/michael-r-gibbons )
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: mailto:michael.gibbons@lowndes-law.com
michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com/ http://www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of George
Dramis
Sent: Wednesday, August 17, 2011 11:36 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Setoff
Is anyone familiar with a right to offset/setoff monies owed to party A by
party B on one project against damages caused by party A to party B on a
separate project where the contracts do not contain a cross default
provision?
Negative or positive case law is welcome. Thank you in advance.
George J. Dramis
Attorney at Law
Florida Bar Board Certified in Construction Law
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C368
52574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement
MorgannDramis
2364 Fruitville Rd.
Sarasota, Fl. 34237
(941) 953-4555 Office
(941) 953-4533 Facsimile
This transmittal may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If it is not clear that you are
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