referral for construction atty in Arkanskas
Whatever records they have, they need to maintain for three years if it is listed below or if it is a record, such as a daily report, that they maintain in the regular course of business.
489.124 Business records requirements; address of record; service.—
(1) All contractors who are registered or certified pursuant to this chapter shall maintain complete financial and business records for the immediately preceding 3 years. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, and all other business and financial records the contractor maintains in the regular course of business.
(2) Each certificateholder or registrant of the department shall be solely responsible for notifying the department in writing of the certificateholder’s or registrant’s current mailing address and phone number. If the mailing address is not the certificateholder’s or registrant’s physical address, the certificateholder or registrant shall also supply the physical address.
(a) A certificateholder’s or registrant’s failure to notify the department of a change of address or phone number shall constitute a violation of this section.
(b) The certificateholder or registrant shall be responsible for retaining proof that the certificateholder or registrant has notified the department of the certificateholder’s or registrant’s current address of record.
(3) Notwithstanding any other provision of law, service by regular mail to a certificateholder’s or registrant’s address of record shall constitute adequate and sufficient notice to the certificateholder or registrant for any official communication to the certificateholder or registrant by the board or the department, except when other service is required pursuant to the provisions of s. 455.224 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0455/Sections/0455.224.html or s.
Ed Kinberg
Fellow, National Contract Management Association
Board Certified, Construction Law Attorney
Government Contract Law, Construction Law, and Business Law
Attorneys At Law
1290 W. Eau Gallie Boulevard
Melbourne, FL 32935
Tel. (321) 259-1910
Fax (321) 259-1996
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, August 25, 2011 1:51 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors DocumentRetentionRequirements
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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Notice Under U.S. Treasury Department Circular 230: To the extent that this e-mail communication and the attachment(s) hereto, if any, may contain written advice concerning or relating to a Federal (U.S.) tax issue, United States Treasury Department Regulations (Circular 230) require that we (and we do hereby) advise and disclose to you that, unless we expressly state otherwise in writing, such tax advice is not written or intended to be used, and cannot be used by you (the addressee), or other person(s), for purposes of (1) avoiding penalties imposed under the United States Internal Revenue Code or (2) promoting, marketing or recommending to any other person(s) the (or any of the) transaction(s) or matter(s) addressed, discussed or referenced herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issue(s), transaction(s) or matter(s) addressed, discussed or referenced herein based upon his, her or its particular circumstances. [v4.30]
I concur with Chuck’s observations. Once scanned, the documents could be maintained electronically on some website, rather than in a warehouse that might be damaged in a storm.
Deb
Deborah Bovarnick Mastin
Assistant Miami-Dade County Attorney
Florida Bar Board Certified in Construction Law
LEED Green Associate
P.O. Box 025504
Miami, FL 33102-5504
305.876.7040
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Chuck Young
Sent: Thursday, August 25, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General ContractorsDocument Retention Requirements
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)
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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.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.
http://www.beauchampco.com
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Please let me know if you have recently researched how Florida courts address venue in the context of claims against an insurer for failing to provide coverage to an additional insured and for a subrogation claim. Project was not in Florida, insured is an out of state company, insurance company issued policy to out of state insured.
Thanks in advance.
James O. Birr, III
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You bet. I am also licensed to practice in both Arkansas and Florida,
if that is in any way helpful. Good luck and let me know if you need
anything further-
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
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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 12:28 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] referral for construction
attyinArkanskas
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
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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:
-
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
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Notice Under U.S. Treasury Department Circular 230: To the extent that
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unless we expressly state otherwise in writing, such tax advice is not
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Each taxpayer should seek advice from an independent tax advisor with
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I’m looking for an expert who can testify regarding the fiduciary (as opposed to contractual) obligations, if any, a lender has when issuing and approving draws under a construction loan. Any suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
That sounds like a question of law, not fact.
Sandra D. Kennedy, Esquire
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com
-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Steve Wall
Sent: Friday, August 26, 2011 12:53 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Construction Loan Expert
I'm looking for an expert who can testify regarding the fiduciary (as
opposed to contractual) obligations, if any, a lender has when issuing
and approving draws under a construction loan. Any
suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
Bob, didn't you have such an expert in the matter we were involved in?
Could you forward his contacts to above if so? Thanks.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Steve Wall
Sent: Friday, August 26, 2011 12:53 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Construction Loan Expert
I'm looking for an expert who can testify regarding the fiduciary (as
opposed to contractual) obligations, if any, a lender has when issuing
and approving draws under a construction loan. Any
suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
I would be interested to see those...if possible. Thank you in advance.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Lane, Joseph
Sent: Friday, August 26, 2011 1:35 PM
To: swall@theconstructionlawfirm.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Construction Loan Expert
Bob, didn't you have such an expert in the matter we were
involved in? Could you forward his contacts to above if so? Thanks.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Steve Wall
Sent: Friday, August 26, 2011 12:53 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Construction Loan Expert
I'm looking for an expert who can testify regarding the
fiduciary (as opposed to contractual) obligations, if any, a lender has
when issuing and approving draws under a construction loan. Any
suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
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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.
This information would actually be helpful and relevant for a case I currently have also. Thanks.
Chuck Young
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 William H. Beaver II, Esquire
Sent: Friday, August 26, 2011 12:59 PM
To: RPPTL constructionlaw; swall@theconstructionlawfirm.com
Subject: Re: [RPPTL-constructionlaw] Construction Loan Expert
I would be interested to see those...if possible. Thank you in advance.
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
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://www.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.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Lane, Joseph
Sent: Friday, August 26, 2011 1:35 PM
To: swall@theconstructionlawfirm.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Construction Loan Expert
Bob, didn't you have such an expert in the matter we were involved in? Could you forward his contacts to above if so? Thanks.
Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve Wall
Sent: Friday, August 26, 2011 12:53 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Construction Loan Expert
I’m looking for an expert who can testify regarding the fiduciary (as opposed to contractual) obligations, if any, a lender has when issuing and approving draws under a construction loan. Any suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
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]
To the extent the claim against the lender is premised upon alleged improper payments made by lender, you should review Fla. Stat. 713.06(2)(d) which places some constraints on claims against a construction lender and who is entitled to maintain such a claim. .
From: Steve Wall [mailto:swall@theconstructionlawfirm.com]
Sent: Friday, August 26, 2011 12:52 PM
To: 'RPPTL constructionlaw' constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Construction Loan Expert
I’m looking for an expert who can testify regarding the fiduciary (as opposed to contractual) obligations, if any, a lender has when issuing and approving draws under a construction loan. Any suggestions/recommendations? Thanks
Steve Wall
The Construction Law Firm
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com