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.commailto: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
[cid:image001.gif@01CC5E61.EC81F400]
**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.

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.commailto:fred.dudley@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://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.commailto: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
[The Law Office of The Law Office of Silverman, Vorhis & Doan - Family Law]
**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.

 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
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Unless the case law has recently changed, advance waivers for personal
injuries are enforceable provided the waiver evidences a clear intent to
release for negligence.  These kinds of waivers are typically executed
in conjunction with many different types of tourist activities, such as
scuba diving, sky diving, horse back riding, rental of personal
watercraft, etc.  The Florida Supreme Court has held that such waivers
executed by parents on behalf of minors are not enforceable.  There was
some legislation on that topic, but I have not reviewed it.

The Florida Supreme Court case should have a good summary of the law.  I
am not sure if the legislation passed.

David C. Willis
Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.
407.839.2186

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
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communication in error, please advise the sender of that circumstance
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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
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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]

  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]

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I recall an argument being made by a church organization that as an
"association" of members the members were essentially considered as "group
owners"- Of course, I don't know the business structure of the church or if
there have been statutory changes since that time.

Paul J Kelly

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

The Law Office of The Law Office of Silverman, Vorhis & Doan - Family Law
**This communication is intended for the sole use of the individual to whom
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you.

Sounds to me like what habitat for humanity does. How do they do it?

Patricia H. Thompson
Attorney At Law

Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida  33131-2114

direct 305.539.7239
fax 305.530.0055
pthompson@carltonfields.com
www.carltonfields.com
bio http://www.carltonfields.com/pthompson/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=aae361fd-4
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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

**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.

I'm thinking the GC needs a contract with the church, including a provision that they will be responsible for volunteers and insuring them (since they are not being paid, there's no payroll for WC insurance to be based, but liability insurance but coverage should be checked with the church's 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.commailto:fred.dudley@hklaw.com | www.hklaw.comhttp://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Thompson, Patricia H.
Sent: Tuesday, October 25, 2011 11:41 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church) with volunteer labor

Sounds to me like what habitat for humanity does. How do they do it?

[Carlton Fields, P.A.]
Patricia H. Thompson
Attorney At Law

Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida  33131-2114

direct 305.539.7239
fax 305.530.0055
pthompson@carltonfields.commailto:pthompson@carltonfields.com
www.carltonfields.comhttp://www.carltonfields.com
biohttp://www.carltonfields.com/pthompson/
vcardhttp://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=aae361fd-4d2b-404a-a63e-6df1b35bd56b

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product.  If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
[Please consider the environment before printing this email]
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.commailto: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
[The Law Office of The Law Office of Silverman, Vorhis & Doan - Family Law]
**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.

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