Empathy List Archives

RE

Robert E. Doan

Mon, Oct 8, 2012 2:15 PM

This is definitely a recurring question and I think it has it's basis arising out of two things, 1.) it is pretty much an industry standard as an express contract provision and 2.)I think part of it comes from the case law supporting an implied warranty of habitability for new construction.

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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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson
Sent: Friday, October 05, 2012 2:05 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Residential contractor warranty

Hello folks,

I have a relative who is a residential contractor.  He made reference to what he believed was a statutory requirement that residential builders provide a warranty of a minimum of one year to the owner.  Most of my practice involves commercial payment issues (i.e. liens and surety bond claims).  I reviewed Fl. Stat. ch 558 but did not see such a requirement.

Is anyone aware of such a statute and, if so, could you provide a citation?

Thank you very much.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

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This is definitely a recurring question and I think it has it's basis arising out of two things, 1.) it is pretty much an industry standard as an express contract provision and 2.)I think part of it comes from the case law supporting an implied warranty of habitability for new construction. 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. -----Original Message----- From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson Sent: Friday, October 05, 2012 2:05 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Residential contractor warranty Hello folks, I have a relative who is a residential contractor. He made reference to what he believed was a statutory requirement that residential builders provide a warranty of a minimum of one year to the owner. Most of my practice involves commercial payment issues (i.e. liens and surety bond claims). I reviewed Fl. Stat. ch 558 but did not see such a requirement. Is anyone aware of such a statute and, if so, could you provide a citation? Thank you very much. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion

GT

Glenn T. Williams

Fri, Oct 12, 2012 7:44 PM

Looking for an Iowa attorney for the collection / mechanics lien of
subcontractor amounts due on two (2) K-Mart projects in Iowa. Any
recommendations would be appreciated. Thank you!

Glenn Todd Williams, Esq., B.C.S.
Construction Lawyer - Board Certified Specialist

Williams Construction Law Firm
4436 Old Winter Garden Road, Suite 100
Orlando, Florida 32811
Telephone: 407-926-4100
Facsimile: 407-926-4105

glenn@WCLfirm.com mailto:gtwlaw@ymail.com

www.WilliamsConstructionLaw.com

Description: Description: H:\HTML Signature Block\Construction Law.gif

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the individual or entity named above and may contain attorney-client
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is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

Looking for an Iowa attorney for the collection / mechanics lien of subcontractor amounts due on two (2) K-Mart projects in Iowa. Any recommendations would be appreciated. Thank you! Glenn Todd Williams, Esq., B.C.S. Construction Lawyer - Board Certified Specialist Williams Construction Law Firm 4436 Old Winter Garden Road, Suite 100 Orlando, Florida 32811 Telephone: 407-926-4100 Facsimile: 407-926-4105 glenn@WCLfirm.com <mailto:gtwlaw@ymail.com> www.WilliamsConstructionLaw.com Description: Description: H:\HTML Signature Block\Construction Law.gif This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

CU

Christi Underwood

Fri, Oct 12, 2012 8:44 PM

Glenn:

I suggest John Templer. He is a well regarded construction attorney in Des
Moines. We served on an arbitration panel together in a lengthy case in
Texas a few years ago.

His firm's website is www.whitfieldlaw.com

John's email address is:

templer@whitfieldlaw.com

Sincerely,

Christi Underwood

Christi L. Underwood

Commercial & Construction Arbitrator

Board Certified Construction Attorney

P.O. Box 2015, Winter Park, FL 32790

Off: (407) 831-3488

Fax: (407) 831-3489

Cell: (407) 496-0597

Email: clu@clu-law.com

www.clu-law.com

CONFIDENTIALITY NOTE: The information contained in this transmission is
privileged and confidential information intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this transmission in error, do not read it. Please immediately
reply to the sender that you have received this communication in error and
then delete it. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T.
Williams
Sent: Friday, October 12, 2012 3:45 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 'Mandy'
Subject: [CLC-Discussion] Iowa construction lien attorney needed

Looking for an Iowa attorney for the collection / mechanics lien of
subcontractor amounts due on two (2) K-Mart projects in Iowa. Any
recommendations would be appreciated. Thank you!

Glenn Todd Williams, Esq., B.C.S.
Construction Lawyer - Board Certified Specialist

Williams Construction Law Firm
4436 Old Winter Garden Road, Suite 100
Orlando, Florida 32811
Telephone: 407-926-4100
Facsimile: 407-926-4105

glenn@WCLfirm.com mailto:gtwlaw@ymail.com

www.WilliamsConstructionLaw.com

Description: Description: H:\HTML Signature Block\Construction Law.gif

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information. If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

Glenn: I suggest John Templer. He is a well regarded construction attorney in Des Moines. We served on an arbitration panel together in a lengthy case in Texas a few years ago. His firm's website is www.whitfieldlaw.com John's email address is: templer@whitfieldlaw.com Sincerely, Christi Underwood Christi L. Underwood Commercial & Construction Arbitrator Board Certified Construction Attorney P.O. Box 2015, Winter Park, FL 32790 Off: (407) 831-3488 Fax: (407) 831-3489 Cell: (407) 496-0597 Email: clu@clu-law.com www.clu-law.com CONFIDENTIALITY NOTE: The information contained in this transmission is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, October 12, 2012 3:45 PM To: clc-discussion@lists.flabarrpptl.org Cc: 'Mandy' Subject: [CLC-Discussion] Iowa construction lien attorney needed Looking for an Iowa attorney for the collection / mechanics lien of subcontractor amounts due on two (2) K-Mart projects in Iowa. Any recommendations would be appreciated. Thank you! Glenn Todd Williams, Esq., B.C.S. Construction Lawyer - Board Certified Specialist Williams Construction Law Firm 4436 Old Winter Garden Road, Suite 100 Orlando, Florida 32811 Telephone: 407-926-4100 Facsimile: 407-926-4105 glenn@WCLfirm.com <mailto:gtwlaw@ymail.com> www.WilliamsConstructionLaw.com Description: Description: H:\HTML Signature Block\Construction Law.gif This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.