Does Chapter 558 of the Florida Statutes apply to the following scenario?

"Claimant" a condominium association brought a claim for damages alleging that defendant ( a unit owner) directed that certain plumbing work be performed at the subject property.  However, said plumbing work was not performed in a workmanlike manner resulting in water damage to an adjoining unit that the condominium association will need to repair.

Joseph F. Poklemba | Blank Rome LLP
1200 North Federal Highway Suite 312 | Boca Raton, FL 33432
Phone: 561.417.8138 | Fax: 561.417.8101 | Email: JPoklemba@BlankRome.commailto:JPoklemba@BlankRome.com

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I don't think so, because while the Association would qualify as an
"Claimant," the unit owner likely would not be a "contractor,
subcontractor, supplier or design professional." (558.002(3))

Bruce D. Partington

Clark Partington

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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Poklemba, Joseph F.
Sent: Friday, August 24, 2012 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Chapter 558 Florida Statutes
Importance: High

Does Chapter 558 of the Florida Statutes apply to the following
scenario?

"Claimant" a condominium association brought a claim for damages
alleging that defendant ( a unit owner) directed that certain plumbing
work be performed at the subject property.  However, said plumbing work
was not performed in a workmanlike manner resulting in water damage to
an adjoining unit that the condominium association will need to repair.

Joseph F. Poklemba | Blank Rome LLP
1200 North Federal Highway Suite 312 | Boca Raton, FL 33432
Phone: 561.417.8138 | Fax: 561.417.8101 | Email: JPoklemba@BlankRome.com

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recommend any Federal tax transaction(s) or matter(s) addressed herein.

I would contend no, because the association is not claiming a traditional construction defect where association hired the contractor.  The association's claim is more akin to a third party property damage claim such as trespass.  The intent behind 558 does not seem to cover this scenario.

Justin R. Zinzow | Zinzow Law
AV Rated Board Certified
Construction Specialist

(727) 787-3121
Website | Bio

[cid:592524614@24082012-3547]

[cid:592524614@24082012-354E][cid:592524614@24082012-3555][cid:592524614@24082012-355C][cid:592524614@24082012-3563]
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Poklemba, Joseph F.
Sent: Friday, August 24, 2012 10:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Chapter 558 Florida Statutes
Importance: High

Does Chapter 558 of the Florida Statutes apply to the following scenario?

"Claimant" a condominium association brought a claim for damages alleging that defendant ( a unit owner) directed that certain plumbing work be performed at the subject property.  However, said plumbing work was not performed in a workmanlike manner resulting in water damage to an adjoining unit that the condominium association will need to repair.

Joseph F. Poklemba | Blank Rome LLP
1200 North Federal Highway Suite 312 | Boca Raton, FL 33432
Phone: 561.417.8138 | Fax: 561.417.8101 | Email: JPoklemba@BlankRome.commailto:JPoklemba@BlankRome.com

This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and all attachments. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may be unlawful.

Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person, for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement contained herein relating to any Federal tax transaction or matter may not be used by any person without the express prior written permission in each instance of a partner of this firm to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein.

I would agree that Section 558 would not apply as to the "Defendant" that you identify as the unit owner, because the unit owner, is a claimant, in his own right.  Fla. Stat. §558.002(3) defines a "Claimant" as a "property owner".

However, if the claim was asserted against the plumber, as opposed to the unit owner (or in  conjunction with the unit owner), Section 558 would likely apply, as the term construction defect includes "repair, alteration, or remodeling of real property  resulting from: ... (d) failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction."  Fla. Stat. §558.002(5)(d).

==============================

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Board Certified in Construction Law

Bull and Associates, P.A.

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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Friday, August 24, 2012 10:39 AM
To: Poklemba, Joseph F.; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Chapter 558 Florida Statutes

I don't think so, because while the Association would qualify as an "Claimant," the unit owner likely would not be a "contractor, subcontractor, supplier or design professional." (558.002(3))

Bruce D. Partington

Clark Partington

bpartington@cphlaw.com mailto:bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Poklemba, Joseph F.
Sent: Friday, August 24, 2012 9:17 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Chapter 558 Florida Statutes
Importance: High

Does Chapter 558 of the Florida Statutes apply to the following scenario?

"Claimant" a condominium association brought a claim for damages alleging that defendant ( a unit owner) directed that certain plumbing work be performed at the subject property.  However, said plumbing work was not performed in a workmanlike manner resulting in water damage to an adjoining unit that the condominium association will need to repair.

Joseph F. Poklemba | Blank Rome LLP
1200 North Federal Highway Suite 312 | Boca Raton, FL 33432
Phone: 561.417.8138 | Fax: 561.417.8101 | Email: JPoklemba@BlankRome.com

This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and all attachments. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may be unlawful.

Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person, for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement contained herein relating to any Federal tax transaction or matter may not be used by any person without the express prior written permission in each instance of a partner of this firm to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein.