referral for construction atty in Arkanskas
Does anyone have a referral for a construction law firm or attorney in
Arkansas? Thanks.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without remuneration are not
"employees" of the GC under comp law. Mea culpa. See, Fla. Stat. s.
440.02(15)(d)6 (person who does not receive remuneration for services
is presumed a "volunteer" which is defined not to be an "employee" for
ch. 440 WC purposes). So, the volunteer Church workforce will not have
claims against the GC's WC policy but will have claims, if injured,
against GC's GL policy (unless excluded under the GL policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent statutory
exemption) that the employer (GC) provide WC benefits to injured
employees. Though I invite others to cite to statutory or common law
authority permitting advance releases from BI claims in the employment
context, it would appear from the mandatory statutory language and
public policy grounds that such would not be enforceable in the
employment context.
Due to these volunteers not being ch. 440 employees and not
subject to WC coverage, the caselaw David cited may apply and be
enforceable to permit advance waivers of BI claims.
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
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
withvolunteerlabor
Injured workers, volunteer or otherwise, will likely have recourse
against the GC's Workers Comp policy as the statutory employer of
record. Not an expert on comp law, but that is my understanding. As
the GC of record, GC's GL policy will also be exposed to claims for both
third party BI and PD claims.
I am not sure a worker, volunteer or otherwise, can enforceably
release in advance claims for jobsite injuries. If that were the case,
I suspect all kinds of employers would extract such concessions from
their employees or laborers. I would suggest the GC get a (725.06
compliant) indemnity and hold harmless agreement from the Church itself
which is the entity actually benefitting from everyone's volunteering
and the entity likely best able to respond to an actual claim for
indemnity from the GC.
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
fred.dudley@hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church) with
volunteerlabor
Off the top of my head:
-
No license is required for these volunteers, since they are not
being compensated;
-
Any liability for injuries on the premises (anytime) should be
a matter covered by the church's property insurance policy, so they may
want to consult with their agent.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com
http://www.hklaw.com/
Add to address book http://www.hklaw.com/vcard.aspx?user=frdudley |
View professional biography http://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church) with volunteer
labor
A church owner wants to use "volunteers" from the congregation to do
much of the labor on a renovation. A GC will be paid to pull permits
and actually supervise and direct the work (not just pull permits and
disappear.) GC is concerned about liability for these volunteers if
they are injured on the job and would like to address it as much as
possible contractually and/or with waivers/releases signed by the
volunteers.
Anyone dealt with this scenario before. If so, please reply directly to
me at: robert@lawgainesville.com
Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan
311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert@lawgainesville.com
**This communication is intended for the sole use of the individual to
whom
it is addressed and may contain information that is privileged,
confidential
and exempt from disclosure under applicable law. If the reader of the
communication is not the intended recipient, or the employee or agent
for
delivering the communication to the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this
communication may be strictly prohibited. If you receive this
communication
in error, please notify the sender immediately by telephone call. Thank
you.
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF
(I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR
(II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY
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NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and
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Notice Under U.S. Treasury Department Circular 230: To the extent that
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contain written advice concerning or relating to a Federal (U.S.) tax
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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
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re-transmission or other dissemination or use of this e-mail
communication (or any information contained herein) is strictly
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communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately
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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]
My brother and his wife are both practicing attorneys in Mtn. Home,
Arkansas (where I am from). Mark and Jodi Carney, Carney Law Firm,
870-425-6354. Let me know if you need more-or a different town-
Janet Carney Croom, Esquire
Board Certified - Construction Law
Board Certified - Business Litigation
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
Telephone: 772-231-4343
Fax: 772-234-5213
jcroom@verolaw.com blocked::mailto:jburgess@verolaw.com
http://www.verolaw.com blocked::mailto:www.cbc@verolaw.com
The information contained in this message is legally privileged and
confidential. It is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, any dissemination, distribution, or copy of this message is
strictly prohibited. If you have received this message in error, please
immediately notify the sender by via telephone, email, or the U.S.
Postal service at the address above, and destroy the message. Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
David Adelstein
Sent: Thursday, August 25, 2011 10:38 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] referral for construction atty in
Arkanskas
Does anyone have a referral for a construction law firm or attorney in
Arkansas? Thanks.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without remuneration are not
"employees" of the GC under comp law. Mea culpa. See, Fla. Stat. s.
440.02(15)(d)6 (person who does not receive remuneration for services
is presumed a "volunteer" which is defined not to be an "employee" for
ch. 440 WC purposes). So, the volunteer Church workforce will not have
claims against the GC's WC policy but will have claims, if injured,
against GC's GL policy (unless excluded under the GL policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent statutory
exemption) that the employer (GC) provide WC benefits to injured
employees. Though I invite others to cite to statutory or common law
authority permitting advance releases from BI claims in the employment
context, it would appear from the mandatory statutory language and
public policy grounds that such would not be enforceable in the
employment context.
Due to these volunteers not being ch. 440 employees and not
subject to WC coverage, the caselaw David cited may apply and be
enforceable to permit advance waivers of BI claims.
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
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
withvolunteerlabor
Injured workers, volunteer or otherwise, will likely have recourse
against the GC's Workers Comp policy as the statutory employer of
record. Not an expert on comp law, but that is my understanding. As
the GC of record, GC's GL policy will also be exposed to claims for both
third party BI and PD claims.
I am not sure a worker, volunteer or otherwise, can enforceably
release in advance claims for jobsite injuries. If that were the case,
I suspect all kinds of employers would extract such concessions from
their employees or laborers. I would suggest the GC get a (725.06
compliant) indemnity and hold harmless agreement from the Church itself
which is the entity actually benefitting from everyone's volunteering
and the entity likely best able to respond to an actual claim for
indemnity from the GC.
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
fred.dudley@hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church) with
volunteerlabor
Off the top of my head:
-
No license is required for these volunteers, since they are not
being compensated;
-
Any liability for injuries on the premises (anytime) should be
a matter covered by the church's property insurance policy, so they may
want to consult with their agent.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com
http://www.hklaw.com/
Add to address book http://www.hklaw.com/vcard.aspx?user=frdudley |
View professional biography http://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church) with volunteer
labor
A church owner wants to use "volunteers" from the congregation to do
much of the labor on a renovation. A GC will be paid to pull permits
and actually supervise and direct the work (not just pull permits and
disappear.) GC is concerned about liability for these volunteers if
they are injured on the job and would like to address it as much as
possible contractually and/or with waivers/releases signed by the
volunteers.
Anyone dealt with this scenario before. If so, please reply directly to
me at: robert@lawgainesville.com
Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan
311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert@lawgainesville.com
**This communication is intended for the sole use of the individual to
whom
it is addressed and may contain information that is privileged,
confidential
and exempt from disclosure under applicable law. If the reader of the
communication is not the intended recipient, or the employee or agent
for
delivering the communication to the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this
communication may be strictly prohibited. If you receive this
communication
in error, please notify the sender immediately by telephone call. Thank
you.
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF
(I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR
(II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY
TAX-RELATED MATTER HEREIN.
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and
is intended solely for the use of the individual(s) to whom it is
addressed. If you believe you received this e-mail in error, please
notify the sender immediately, delete the e-mail from your computer and
do not copy or disclose it to anyone else. If you are not an existing
client of H&K, 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 H&K in reply that you expect it to hold in
confidence. If you properly received this e-mail as a client, co-counsel
or retained expert of H&K, you should maintain its contents in
confidence in order to preserve the attorney-client or work product
privilege that may be available to protect confidentiality.
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]
Thank you. I will forward along.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Croom, Janet
Sent: Thursday, August 25, 2011 12:13 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] referral for construction atty
inArkanskas
My brother and his wife are both practicing attorneys in Mtn. Home,
Arkansas (where I am from). Mark and Jodi Carney, Carney Law Firm,
870-425-6354. Let me know if you need more-or a different town-
Janet Carney Croom, Esquire
Board Certified - Construction Law
Board Certified - Business Litigation
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
Telephone: 772-231-4343
Fax: 772-234-5213
jcroom@verolaw.com blocked::mailto:jburgess@verolaw.com
http://www.verolaw.com blocked::mailto:www.cbc@verolaw.com
The information contained in this message is legally privileged and
confidential. It is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, any dissemination, distribution, or copy of this message is
strictly prohibited. If you have received this message in error, please
immediately notify the sender by via telephone, email, or the U.S.
Postal service at the address above, and destroy the message. Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
David Adelstein
Sent: Thursday, August 25, 2011 10:38 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] referral for construction atty in
Arkanskas
Does anyone have a referral for a construction law firm or attorney in
Arkansas? Thanks.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without remuneration are not
"employees" of the GC under comp law. Mea culpa. See, Fla. Stat. s.
440.02(15)(d)6 (person who does not receive remuneration for services
is presumed a "volunteer" which is defined not to be an "employee" for
ch. 440 WC purposes). So, the volunteer Church workforce will not have
claims against the GC's WC policy but will have claims, if injured,
against GC's GL policy (unless excluded under the GL policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent statutory
exemption) that the employer (GC) provide WC benefits to injured
employees. Though I invite others to cite to statutory or common law
authority permitting advance releases from BI claims in the employment
context, it would appear from the mandatory statutory language and
public policy grounds that such would not be enforceable in the
employment context.
Due to these volunteers not being ch. 440 employees and not
subject to WC coverage, the caselaw David cited may apply and be
enforceable to permit advance waivers of BI claims.
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
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
withvolunteerlabor
Injured workers, volunteer or otherwise, will likely have recourse
against the GC's Workers Comp policy as the statutory employer of
record. Not an expert on comp law, but that is my understanding. As
the GC of record, GC's GL policy will also be exposed to claims for both
third party BI and PD claims.
I am not sure a worker, volunteer or otherwise, can enforceably
release in advance claims for jobsite injuries. If that were the case,
I suspect all kinds of employers would extract such concessions from
their employees or laborers. I would suggest the GC get a (725.06
compliant) indemnity and hold harmless agreement from the Church itself
which is the entity actually benefitting from everyone's volunteering
and the entity likely best able to respond to an actual claim for
indemnity from the GC.
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
fred.dudley@hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church) with
volunteerlabor
Off the top of my head:
-
No license is required for these volunteers, since they are not
being compensated;
-
Any liability for injuries on the premises (anytime) should be
a matter covered by the church's property insurance policy, so they may
want to consult with their agent.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com
http://www.hklaw.com/
Add to address book http://www.hklaw.com/vcard.aspx?user=frdudley |
View professional biography http://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church) with volunteer
labor
A church owner wants to use "volunteers" from the congregation to do
much of the labor on a renovation. A GC will be paid to pull permits
and actually supervise and direct the work (not just pull permits and
disappear.) GC is concerned about liability for these volunteers if
they are injured on the job and would like to address it as much as
possible contractually and/or with waivers/releases signed by the
volunteers.
Anyone dealt with this scenario before. If so, please reply directly to
me at: robert@lawgainesville.com
Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan
311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert@lawgainesville.com
**This communication is intended for the sole use of the individual to
whom
it is addressed and may contain information that is privileged,
confidential
and exempt from disclosure under applicable law. If the reader of the
communication is not the intended recipient, or the employee or agent
for
delivering the communication to the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this
communication may be strictly prohibited. If you receive this
communication
in error, please notify the sender immediately by telephone call. Thank
you.
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF
(I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR
(II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY
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NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and
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Replies Filtered: Any incoming reply to this e-mail communication or
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or other e-mail communications to us and/or that we will receive the
same in a timely manner. Accordingly, you should consider sending
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Notice Under U.S. Treasury Department Circular 230: To the extent that
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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,
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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]
Mountain Home...Champion Boats right! or at least they were there a
number of years ago as I picked up a boat there. I used to fish
professionally for bass on various tournament "trails" when I was
completing my undergraduate degree...in my second life after my athletic
career was over and Champion Boats (and, of course, Ranger boats) were
"in vogue" at the time. I am from the northeast corner of Oklahoma,
right across the line from Arkansas. I do not have time for such at
this point in time so I just fish for pleasure now and, as a result,
have not stayed up on such things...Does Champion Boats still call
Mountain Home--home?
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Croom, Janet
Sent: Thursday, August 25, 2011 12:13 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] referral for construction
atty inArkanskas
My brother and his wife are both practicing attorneys in Mtn.
Home, Arkansas (where I am from). Mark and Jodi Carney, Carney Law
Firm, 870-425-6354. Let me know if you need more-or a different town-
Janet Carney Croom, Esquire
Board Certified - Construction Law
Board Certified - Business Litigation
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
Telephone: 772-231-4343
Fax: 772-234-5213
jcroom@verolaw.com <blocked::mailto:jburgess@verolaw.com>
http://www.verolaw.com <blocked::mailto:www.cbc@verolaw.com>
The information contained in this message is legally privileged
and confidential. It is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, any dissemination, distribution, or copy of this message is
strictly prohibited. If you have received this message in error, please
immediately notify the sender by via telephone, email, or the U.S.
Postal service at the address above, and destroy the message. Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
David Adelstein
Sent: Thursday, August 25, 2011 10:38 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] referral for construction atty
in Arkanskas
Does anyone have a referral for a construction law firm or
attorney in Arkansas? Thanks.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without remuneration
are not "employees" of the GC under comp law. Mea culpa. See, Fla.
Stat. s. 440.02(15)(d)6 (person who does not receive remuneration for
services is presumed a "volunteer" which is defined not to be an
"employee" for ch. 440 WC purposes). So, the volunteer Church workforce
will not have claims against the GC's WC policy but will have claims, if
injured, against GC's GL policy (unless excluded under the GL policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent
statutory exemption) that the employer (GC) provide WC benefits to
injured employees. Though I invite others to cite to statutory or
common law authority permitting advance releases from BI claims in the
employment context, it would appear from the mandatory statutory
language and public policy grounds that such would not be enforceable in
the employment context.
Due to these volunteers not being ch. 440 employees and
not subject to WC coverage, the caselaw David cited may apply and be
enforceable to permit advance waivers of BI claims.
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
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
withvolunteerlabor
Injured workers, volunteer or otherwise, will likely have
recourse against the GC's Workers Comp policy as the statutory employer
of record. Not an expert on comp law, but that is my understanding. As
the GC of record, GC's GL policy will also be exposed to claims for both
third party BI and PD claims.
I am not sure a worker, volunteer or otherwise, can
enforceably release in advance claims for jobsite injuries. If that
were the case, I suspect all kinds of employers would extract such
concessions from their employees or laborers. I would suggest the GC
get a (725.06 compliant) indemnity and hold harmless agreement from the
Church itself which is the entity actually benefitting from everyone's
volunteering and the entity likely best able to respond to an actual
claim for indemnity from the GC.
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
fred.dudley@hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
with volunteerlabor
Off the top of my head:
1. No license is required for these volunteers, since they
are not being compensated;
2. Any liability for injuries on the premises (anytime)
should be a matter covered by the church's property insurance policy, so
they may want to consult with their agent.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com <mailto:fred.dudley@hklaw.com> |
www.hklaw.com http://www.hklaw.com/
________________________________________________
Add to address book
http://www.hklaw.com/vcard.aspx?user=frdudley | View professional
biography http://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church) with
volunteer labor
A church owner wants to use "volunteers" from the congregation
to do much of the labor on a renovation. A GC will be paid to pull
permits and actually supervise and direct the work (not just pull
permits and disappear.) GC is concerned about liability for these
volunteers if they are injured on the job and would like to address it
as much as possible contractually and/or with waivers/releases signed by
the volunteers.
Anyone dealt with this scenario before. If so, please reply
directly to me at: robert@lawgainesville.com
Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan
311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert@lawgainesville.com
**This communication is intended for the sole use of the
individual to whom
it is addressed and may contain information that is privileged,
confidential
and exempt from disclosure under applicable law. If the reader
of the
communication is not the intended recipient, or the employee or
agent for
delivering the communication to the intended recipient, you are
hereby
notified that any dissemination, distribution, or copying of
this
communication may be strictly prohibited. If you receive this
communication
in error, please notify the sender immediately by telephone
call. Thank
you.
****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH
REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE
CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT
INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE
USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE
INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO
ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.****
NOTE: This e-mail is from a law firm, Holland & Knight LLP
("H&K"), and is intended solely for the use of the individual(s) to whom
it is addressed. If you believe you received this e-mail in error,
please notify the sender immediately, delete the e-mail from your
computer and do not copy or disclose it to anyone else. If you are not
an existing client of H&K, 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 H&K in reply that you expect it to hold
in confidence. If you properly received this e-mail as a client,
co-counsel or retained expert of H&K, you should maintain its contents
in confidence in order to preserve the attorney-client or work product
privilege that may be available to protect confidentiality.
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]
William H. Beaver II, Esquire
GrayRobinson, P.A.
301 East Pine Street, Suite 1400
P.O. Box 3068 (32802-3068)
Orlando, Florida 32801
Main: 407-843-8880 | Fax: 407-244-5690
Email: William.Beaver@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.
Ok, I just realized this did not go just to Ms. Croom and for that I am
profoundly apologetic...
From: William H. Beaver II, Esquire
Sent: Thursday, August 25, 2011 12:34 PM
To: 'RPPTL constructionlaw'
Subject: RE: [RPPTL-constructionlaw] referral for construction
atty inArkanskas
Mountain Home...Champion Boats right! or at least they were
there a number of years ago as I picked up a boat there. I used to fish
professionally for bass on various tournament "trails" when I was
completing my undergraduate degree...in my second life after my athletic
career was over and Champion Boats (and, of course, Ranger boats) were
"in vogue" at the time. I am from the northeast corner of Oklahoma,
right across the line from Arkansas. I do not have time for such at
this point in time so I just fish for pleasure now and, as a result,
have not stayed up on such things...Does Champion Boats still call
Mountain Home--home?
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Croom, Janet
Sent: Thursday, August 25, 2011 12:13 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] referral for
construction atty inArkanskas
My brother and his wife are both practicing attorneys in
Mtn. Home, Arkansas (where I am from). Mark and Jodi Carney, Carney Law
Firm, 870-425-6354. Let me know if you need more-or a different town-
Janet Carney Croom, Esquire
Board Certified - Construction Law
Board Certified - Business Litigation
Collins, Brown, Caldwell, Barkett & Garavaglia,
Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
Telephone: 772-231-4343
Fax: 772-234-5213
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From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
David Adelstein
Sent: Thursday, August 25, 2011 10:38 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] referral for
construction atty in Arkanskas
Does anyone have a referral for a construction law firm
or attorney in Arkansas? Thanks.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without
remuneration are not "employees" of the GC under comp law. Mea culpa.
See, Fla. Stat. s. 440.02(15)(d)6 (person who does not receive
remuneration for services is presumed a "volunteer" which is defined not
to be an "employee" for ch. 440 WC purposes). So, the volunteer Church
workforce will not have claims against the GC's WC policy but will have
claims, if injured, against GC's GL policy (unless excluded under the GL
policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent
statutory exemption) that the employer (GC) provide WC benefits to
injured employees. Though I invite others to cite to statutory or
common law authority permitting advance releases from BI claims in the
employment context, it would appear from the mandatory statutory
language and public policy grounds that such would not be enforceable in
the employment context.
Due to these volunteers not being ch. 440
employees and not subject to WC coverage, the caselaw David cited may
apply and be enforceable to permit advance waivers of BI claims.
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
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church) withvolunteerlabor
Injured workers, volunteer or otherwise, will
likely have recourse against the GC's Workers Comp policy as the
statutory employer of record. Not an expert on comp law, but that is my
understanding. As the GC of record, GC's GL policy will also be exposed
to claims for both third party BI and PD claims.
I am not sure a worker, volunteer or otherwise,
can enforceably release in advance claims for jobsite injuries. If that
were the case, I suspect all kinds of employers would extract such
concessions from their employees or laborers. I would suggest the GC
get a (725.06 compliant) indemnity and hold harmless agreement from the
Church itself which is the entity actually benefitting from everyone's
volunteering and the entity likely best able to respond to an actual
claim for indemnity from the GC.
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
fred.dudley@hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church) with volunteerlabor
Off the top of my head:
1. No license is required for these volunteers,
since they are not being compensated;
2. Any liability for injuries on the premises
(anytime) should be a matter covered by the church's property insurance
policy, so they may want to consult with their agent.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL
32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell
850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com |
www.hklaw.com http://www.hklaw.com/
________________________________________________
Add to address book
http://www.hklaw.com/vcard.aspx?user=frdudley | View professional
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From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church)
with volunteer labor
A church owner wants to use "volunteers" from the
congregation to do much of the labor on a renovation. A GC will be paid
to pull permits and actually supervise and direct the work (not just
pull permits and disappear.) GC is concerned about liability for these
volunteers if they are injured on the job and would like to address it
as much as possible contractually and/or with waivers/releases signed by
the volunteers.
Anyone dealt with this scenario before. If so, please
reply directly to me at: robert@lawgainesville.com
Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan
311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert@lawgainesville.com
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Good Afternoon All:
Issues:
- How long is a building contractor of a custom-design single family
home obligated to retain project records? (specifically, field notes,
daily logs, time sheets, RFI's, punch lists and other documents that
track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry
deadline depending on the type of record or document at issue.
- Is the contractor obligated to document what records, if any, were
turned over to the owner at the time of the Final C.O.?
Thank you in advance to anyone who may provide some advice, cases,
statutes, etc. on these questions. Please feel free to reply to me
directly if you do not wish to reply to all under the guidelines of
WWAD!?!. My email address is bross@beauchampco.com
Thanks,
Blaik Ross
Send me the answer, thanks
Kevin A. Schoeppel, Esquire
DURANT, SCHOEPPEL,
DECUNTO & RATCHFORD, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel@ds-law.net
Website: www.ds-law.net
The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.
On Aug 25, 2011, at 12:50 PM, Blaik Ross wrote:
Good Afternoon All:
Issues:
- How long is a building contractor of a custom-design single family home obligated to retain project records? (specifically, field notes, daily logs, time sheets, RFI's, punch lists and other documents that track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry deadline depending on the type of record or document at issue. - Is the contractor obligated to document what records, if any, were turned over to the owner at the time of the Final C.O.?
Thank you in advance to anyone who may provide some advice, cases, statutes, etc. on these questions. Please feel free to reply to me directly if you do not wish to reply to all under the guidelines of WWAD!?!. My email address is bross@beauchampco.com
Thanks,
Blaik Ross
<bcc75years.jpg>
Please join us in celebrating our 75th Anniversary in 2011. We look forward to providing our clients with many more years of delivering the highest quality buildings in our community.
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constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
Blaik:
489.124 requires that all "business records" be maintained for 3 years. A broad reading of the statute would seem to suggest that the documents you describe are "business records."
http://www.flsenate.gov/Laws/Statutes/2011/489.124
I don't know if there may be some other requirement to keep such records longer. Good luck.
Regards,
Alex Barthet
Board Certified in Construction Law
The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5290 (phone)
305-377-8695 (fax)
alex@barthet.com
www.barthet.com
This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Kevin Schoeppel
Sent: Thursday, August 25, 2011 1:02 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document Retention Requirements
Send me the answer, thanks
Kevin A. Schoeppel, Esquire
DURANT, SCHOEPPEL,
DECUNTO & RATCHFORD, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel@ds-law.netmailto:kschoeppel@ds-law.net
Website: www.ds-law.nethttp://www.ds-law.net
The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.
On Aug 25, 2011, at 12:50 PM, Blaik Ross wrote:
Good Afternoon All:
Issues:
- How long is a building contractor of a custom-design single family home obligated to retain project records? (specifically, field notes, daily logs, time sheets, RFI's, punch lists and other documents that track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry deadline depending on the type of record or document at issue. - Is the contractor obligated to document what records, if any, were turned over to the owner at the time of the Final C.O.?
Thank you in advance to anyone who may provide some advice, cases, statutes, etc. on these questions. Please feel free to reply to me directly if you do not wish to reply to all under the guidelines of WWAD!?!. My email address is bross@beauchampco.commailto:bross@beauchampco.com
Thanks,
Blaik Ross
<bcc75years.jpg>
Please join us in celebrating our 75th Anniversary in 2011. We look forward to providing our clients with many more years of delivering the highest quality buildings in our community.
http://www.beauchampco.com
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
I would think that because of the statute of limitations on construction allowing 10 years for latent defects and the broad discovery rules and requirements to preserving documents (business records), I would try to avoid a spoliation issue down the road and hold them at least 10 years. As for records turned over to the owner, I advise my clients to keep a copy. Most scan them now anyway.
Chuck Y
Charles P. Young, Esq.
Board Certified in Construction Law
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, Florida 32502
850-433-6581
850-429-0492 (Fax)
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Thursday, August 25, 2011 12:28 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document Retention Requirements
Blaik:
489.124 requires that all "business records" be maintained for 3 years. A broad reading of the statute would seem to suggest that the documents you describe are "business records."
http://www.flsenate.gov/Laws/Statutes/2011/489.124
I don't know if there may be some other requirement to keep such records longer. Good luck.
Regards,
Alex Barthet
Board Certified in Construction Law
The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5290 (phone)
305-377-8695 (fax)
alex@barthet.com
www.barthet.com
This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Kevin Schoeppel
Sent: Thursday, August 25, 2011 1:02 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document Retention Requirements
Send me the answer, thanks
Kevin A. Schoeppel, Esquire
DURANT, SCHOEPPEL,
DECUNTO & RATCHFORD, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel@ds-law.netmailto:kschoeppel@ds-law.net
Website: www.ds-law.nethttp://www.ds-law.net
The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.
On Aug 25, 2011, at 12:50 PM, Blaik Ross wrote:
Good Afternoon All:
Issues:
- How long is a building contractor of a custom-design single family home obligated to retain project records? (specifically, field notes, daily logs, time sheets, RFI's, punch lists and other documents that track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry deadline depending on the type of record or document at issue. - Is the contractor obligated to document what records, if any, were turned over to the owner at the time of the Final C.O.?
Thank you in advance to anyone who may provide some advice, cases, statutes, etc. on these questions. Please feel free to reply to me directly if you do not wish to reply to all under the guidelines of WWAD!?!. My email address is bross@beauchampco.commailto:bross@beauchampco.com
Thanks,
Blaik Ross
<bcc75years.jpg>
Please join us in celebrating our 75th Anniversary in 2011. We look forward to providing our clients with many more years of delivering the highest quality buildings in our community.
http://www.beauchampco.com
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
On residential construction, even custom residential, I would not
expect the typical contractor to generate or maintain "field notes,
daily logs, time sheets or RFI's". Such documentation is common on
commercial projects but not, in my experience, in residential
construction (which is far more informal on the documentation side).
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
Blaik Ross
Sent: Thursday, August 25, 2011 12:50 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document
RetentionRequirements
Good Afternoon All:
Issues:
- How long is a building contractor of a custom-design single family
home obligated to retain project records? (specifically, field notes,
daily logs, time sheets, RFI's, punch lists and other documents that
track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry
deadline depending on the type of record or document at issue.
- Is the contractor obligated to document what records, if any, were
turned over to the owner at the time of the Final C.O.?
Thank you in advance to anyone who may provide some advice, cases,
statutes, etc. on these questions. Please feel free to reply to me
directly if you do not wish to reply to all under the guidelines of
WWAD!?!. My email address is bross@beauchampco.com
Thanks,
Blaik Ross
Please join us in celebrating our 75th Anniversary in 2011. We
look forward to providing our clients with many more years of delivering
the highest quality buildings in our community.
http://www.beauchampco.com
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