Re: [CLC-Discussion] [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

RH
Roberts, Hardy L.
Mon, Apr 23, 2012 7:04 PM

p.s.  I should note that Chuck has not actually laid claim to the first mis-post of a CLC-discussion email.  He adroitly replied to an older email, thereby taking advantage of the little known CLC-discussion grandfathering exemption.  The opportunity for first mis-post still remains up for grabs.

From: Roberts, Hardy L.
Sent: Monday, April 23, 2012 2:43 PM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: FW: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

This email is re-posting Chuck’s request to the CLC-discussion listserv rather than CLC Classic.  Please feel free to reply to this email (and thereby to the entire CLC-Discussion listserv) or reply directly to Chuck at cpy@esclaw.commailto:cpy@esclaw.com.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Young
Sent: Thursday, April 19, 2012 11:38 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

Can an unlicensed contractor try to use the definition of “contractor”, which includes the term “compensation”, for protection from unlicensed contracting issues, when the definition also includes the term “qualified”?

Charles P. Young
Board Certified Construction Attorney
Emmanuel Sheppard & Condon
30 South Spring Street
Pensacola, FL 32502
Main: 850-433-6581
Direct:  850-444-3823
Fax: 850-434-5856
cpy@esclaw.commailto:cpy@esclaw.com

[cid:image002.png@01CD2162.45E8D1D0] [ConstructionLaw.jpg] http://www.esclaw.com/

NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended for the use of the specific individual(s) and/or entity to which it is addressed. If you are not the intended recipient of this e-mail you are hereby notified that any unauthorized use, dissemination or copying of this e-mail or the information contained in it or attached to it is strictly PROHIBITED. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e-mail.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Thursday, April 19, 2012 10:09 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

I understand but also see 489.105(3) "Contractor" means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others . . .

Bottom line: I think the law is in favor of the owner vs. the unlicensed (or under-licensed) contractor but sometime we have to get creative to try to help our clients who have created a  mess for themselves.

Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.comhttp://www.fairconstructionliens.com

[cid:image001.jpg@01CC8816.941390B0]

The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are

p.s. I should note that Chuck has not actually laid claim to the first mis-post of a CLC-discussion email. He adroitly replied to an older email, thereby taking advantage of the little known CLC-discussion grandfathering exemption. The opportunity for first mis-post still remains up for grabs. From: Roberts, Hardy L. Sent: Monday, April 23, 2012 2:43 PM To: 'clc-discussion@lists.flabarrpptl.org' Subject: FW: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY This email is re-posting Chuck’s request to the CLC-discussion listserv rather than CLC Classic. Please feel free to reply to this email (and thereby to the entire CLC-Discussion listserv) or reply directly to Chuck at cpy@esclaw.com<mailto:cpy@esclaw.com>. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Young Sent: Thursday, April 19, 2012 11:38 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY Can an unlicensed contractor try to use the definition of “contractor”, which includes the term “compensation”, for protection from unlicensed contracting issues, when the definition also includes the term “qualified”? Charles P. Young Board Certified Construction Attorney Emmanuel Sheppard & Condon 30 South Spring Street Pensacola, FL 32502 Main: 850-433-6581 Direct: 850-444-3823 Fax: 850-434-5856 cpy@esclaw.com<mailto:cpy@esclaw.com> [cid:image002.png@01CD2162.45E8D1D0] [ConstructionLaw.jpg] <http://www.esclaw.com/> NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended for the use of the specific individual(s) and/or entity to which it is addressed. If you are not the intended recipient of this e-mail you are hereby notified that any unauthorized use, dissemination or copying of this e-mail or the information contained in it or attached to it is strictly PROHIBITED. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e-mail. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Andrea Fair Sent: Thursday, April 19, 2012 10:09 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY I understand but also see 489.105(3) "Contractor" means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others . . . Bottom line: I think the law is in favor of the owner vs. the unlicensed (or under-licensed) contractor but sometime we have to get creative to try to help our clients who have created a mess for themselves. Andrea M. Fair-Purcell Board Certified Construction Attorney ▬▬▬▬▬▬▬▬▬▬▬▬ FAIR•LAW•PLLC ▬▬▬▬▬▬▬▬▬▬▬▬ 13046 Racetrack Road #236 Tampa, FL 33626 (813) 412-1077 phone (877) 879-4990 fax www.fairconstructionliens.com<http://www.fairconstructionliens.com> [cid:image001.jpg@01CC8816.941390B0] The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are
GM
Gibbons, Michael
Tue, Apr 24, 2012 5:55 PM

I'm looking for a referral to a licensed general contractor (CGC) expert witness located on West Coast of Florida between Tampa and Naples.  Suggestions would be appreciated.  You may send any replies to my personal email below or simply reply (since I think this is the right side of the house for no holds barred discussion).

Michael R. Gibbons  (Biohttp://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.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/

 [cid:953065017@24042012-13C0]

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

I'm looking for a referral to a licensed general contractor (CGC) expert witness located on West Coast of Florida between Tampa and Naples. Suggestions would be appreciated. You may send any replies to my personal email below or simply reply (since I think this is the right side of the house for no holds barred discussion). 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/> [cid:953065017@24042012-13C0] ________________________________ This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
MD
Michael D. Randolph
Tue, Apr 24, 2012 9:37 PM

Please fee free to contact me to discuss what you may need.

Mike


From: clc-discussion-bounces@lists.flabarrpptl.org

[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Tuesday, April 24, 2012 1:56 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Referral Needed

  I'm looking for a referral to a licensed general contractor

(CGC) expert witness located on West Coast of Florida between Tampa and
Naples.  Suggestions would be appreciated.  You may send any replies to
my personal email below or simply reply (since I think this is the right
side of the house for no holds barred discussion).

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/


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]

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
5551 Ridgewood Drive, Suite 101
Naples, Florida 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: Michael.Randolph@gray-robinson.com

 

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

Please fee free to contact me to discuss what you may need. Mike ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael Sent: Tuesday, April 24, 2012 1:56 PM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Expert Referral Needed I'm looking for a referral to a licensed general contractor (CGC) expert witness located on West Coast of Florida between Tampa and Naples. Suggestions would be appreciated. You may send any replies to my personal email below or simply reply (since I think this is the right side of the house for no holds barred discussion). 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/> ________________________________ 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] Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: Michael.Randolph@gray-robinson.com   This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.