All

            One of our GC clients made repairs to a condo building that sustained some water damage when a plumbing line was penetrated by a drywall screw that                was installed by one of their subcontractors.  The sub's carrier is handling the claim for the repairs that our GC made.  The sub's carrier is taking the             position that they will pay overhead but they don't owe profit on the work performed because it is "an insurance claim".

            Can anyone point to a case or give me some insight as to authority which would stand for the proposition that the subcontractor's carrier is required to      pay profit?

            Any help would be appreciated.

            Beth

Beth Schulman is having a problem sending a question today through the list serve. I am sending it for her. Please respond directly to her if you have any feedback. Thank you. All One of our GC clients made repairs to a condo building that sustained some water damage when a plumbing line was penetrated by a drywall screw that was installed by one of their subcontractors. The sub's carrier is handling the claim for the repairs that our GC made. The sub's carrier is taking the position that they will pay overhead but they don't owe profit on the work performed because it is "an insurance claim". Can anyone point to a case or give me some insight as to authority which would stand for the proposition that the subcontractor's carrier is required to pay profit? Any help would be appreciated. Beth Sherry Lambson-Eisele, Esq. SOUTH MILHAUSEN, P.A. Gateway Center 1000 Legion Place, Ste. 1200 Orlando, Florida 32801 Phone: (407) 539-1638/Mobile (407)405-8801 Fax: (407) 539- 2679 Website: www.southmilhausen.com<http://www.southmilhausen.com/> Email: sleisele@southmilhausen.com<mailto:sleisele@southmilhausen.com> [South Milhausen, P.A.] CONFIDENTIALITY NOTE: This electronic message is from a law firm and it may contain confidential or privileged information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender immediately to advise of the error and then delete this transmission and any attachments. IRS CIRCULAR 230 NOTICE: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. South Milhausen, P.A. is a debt collector and any information obtained will be used to effect the collection of the debt in accordance with the Fair Debt Collection Practices Act. From: Sherry Eisele Sent: Friday, May 09, 2014 9:50 AM To: clc-discussion@lists.flabarrpptl.org Subject: RE: Looking for a Commercial Litigator in Alabama... Can anyone recommend a commercial litigator in Alabama? Thank you in advance. Sherry Lambson-Eisele, Esq. SOUTH MILHAUSEN, P.A. Gateway Center 1000 Legion Place, Ste. 1200 Orlando, Florida 32801 Phone: (407) 539-1638/Mobile (407)405-8801 Fax: (407) 539- 2679 Website: www.southmilhausen.com<http://www.southmilhausen.com/> Email: sleisele@southmilhausen.com<mailto:sleisele@southmilhausen.com> [South Milhausen, P.A.] CONFIDENTIALITY NOTE: This electronic message is from a law firm and it may contain confidential or privileged information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender immediately to advise of the error and then delete this transmission and any attachments. IRS CIRCULAR 230 NOTICE: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. South Milhausen, P.A. is a debt collector and any information obtained will be used to effect the collection of the debt in accordance with the Fair Debt Collection Practices Act. c