Empathy List Archives

RA

Richard A. Burt

Fri, Jul 1, 2011 2:29 PM

Everyone,
I am searching for an attorney experienced in litigating Water Quality Assurance Act (WQAA) claims. Two separate clams are involved, each involving real property located in Daytona Beach, each involving the same developer (the client).

  One claim arises from the installation of a new 150 gallon above-ground storage tank at a residence.  The installer connected the tank to a pre-existing copper pipe line running to a home furnace.  The installer did not test the integrity of the line resulting in a discharge of 100 gallons of petroleum oil into the ground through a hole in the line.  The owner has brought a WQAA claim against (i) the installer (an independent contractor) and (ii) the client/developer who contracted with the installer for the work but who has no experience with such installations and was not present when the installation occurred.  [The installation was arranged by the client/developer as part of his due diligence activity. The contract did not close.]

  Another claim arises from ammonia discovered on land previously owned by the client/developer.  The client/developer was required by contract to give a credit for the estimated remediation cost to his buyer, the present owner who discovered the ammonia during his due diligence activity. The client/developer asserts that the ammonia is migrating from an illegal landfill located on adjoining land.  The FDEP will soon confirm this assertion.

If you or someone you know who is experienced and might be interested in handling these claims, please let me know.
Thanks.
Richard A. Burt, Esq.

Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.com mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

Everyone, I am searching for an attorney experienced in litigating Water Quality Assurance Act (WQAA) claims. Two separate clams are involved, each involving real property located in Daytona Beach, each involving the same developer (the client). 1. One claim arises from the installation of a new 150 gallon above-ground storage tank at a residence. The installer connected the tank to a pre-existing copper pipe line running to a home furnace. The installer did not test the integrity of the line resulting in a discharge of 100 gallons of petroleum oil into the ground through a hole in the line. The owner has brought a WQAA claim against (i) the installer (an independent contractor) and (ii) the client/developer who contracted with the installer for the work but who has no experience with such installations and was not present when the installation occurred. [The installation was arranged by the client/developer as part of his due diligence activity. The contract did not close.] 2. Another claim arises from ammonia discovered on land previously owned by the client/developer. The client/developer was required by contract to give a credit for the estimated remediation cost to his buyer, the present owner who discovered the ammonia during his due diligence activity. The client/developer asserts that the ammonia is migrating from an illegal landfill located on adjoining land. The FDEP will soon confirm this assertion. If you or someone you know who is experienced and might be interested in handling these claims, please let me know. Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/>

SM

Shawn M. Heath

Fri, Jul 1, 2011 2:49 PM

Shawn M. Heath
Board Certified Construction Lawyer
GrayRobinson, P.A.
301 South Bronough Street, Suite 600
P.O. Box 11189 (32302-3189)
Tallahassee, Florida 32301
Main: 850-577-9090 | Fax: 850-577-3311
Email: Shawn.Heath@gray-robinson.com
Direct: 850-577-6958 |

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.

Shawn M. Heath Board Certified Construction Lawyer GrayRobinson, P.A. 301 South Bronough Street, Suite 600 P.O. Box 11189 (32302-3189) Tallahassee, Florida 32301 Main: 850-577-9090 | Fax: 850-577-3311 Email: Shawn.Heath@gray-robinson.com Direct: 850-577-6958 | 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.

CL

Chris Lamia

Sat, Jul 2, 2011 3:22 AM

I handled these types of issues in the General Counsel's office of DEP before going back into private practice at Bryant Miller Olive in Tallahassee. I would be happy to discuss with you and either offer my assistance or help you find the best fit for the representation. Email at clamia@bmolaw.com and we can discuss off line.
Chris Lamia
Christine E. Lamia
Bryant Miller Olive
101 North Monroe Street
Suite 900
Tallahassee, Florida
(850) 222-8611 (office)
(850) 222-8969 (fax)
(850) 728-4034 (cell)

From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org
To: 'RPPTL constructionlaw' constructionlaw@lists.flabarrpptl.org
Sent: Fri Jul 01 10:29:24 2011
Subject: [RPPTL-constructionlaw] WQAA (FS 376.30-.317): Referral

Everyone,

I am searching for an attorney experienced in litigating Water Quality Assurance Act (WQAA) claims. Two separate clams are involved, each involving real property located in Daytona Beach, each involving the same developer (the client).

  One claim arises from the installation of a new 150 gallon above-ground storage tank at a residence.  The installer connected the tank to a pre-existing copper pipe line running to a home furnace.  The installer did not test the integrity of the line resulting in a discharge of 100 gallons of petroleum oil into the ground through a hole in the line.  The owner has brought a WQAA claim against (i) the installer (an independent contractor) and (ii) the client/developer who contracted with the installer for the work but who has no experience with such installations and was not present when the installation occurred.  [The installation was arranged by the client/developer as part of his due diligence activity. The contract did not close.]

  Another claim arises from ammonia discovered on land previously owned by the client/developer.  The client/developer was required by contract to give a credit for the estimated remediation cost to his buyer, the present owner who discovered the ammonia during his due diligence activity. The client/developer asserts that the ammonia is migrating from an illegal landfill located on adjoining land.  The FDEP will soon confirm this assertion.

If you or someone you know who is experienced and might be interested in handling these claims, please let me know.

Thanks.

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue

Suite 200

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile)

dick@burt-burt.com mailto:dick@burt-burt.com

www.burt-burt.com http://www.burt-burt.com/

I handled these types of issues in the General Counsel's office of DEP before going back into private practice at Bryant Miller Olive in Tallahassee. I would be happy to discuss with you and either offer my assistance or help you find the best fit for the representation. Email at clamia@bmolaw.com and we can discuss off line. Chris Lamia Christine E. Lamia Bryant Miller Olive 101 North Monroe Street Suite 900 Tallahassee, Florida (850) 222-8611 (office) (850) 222-8969 (fax) (850) 728-4034 (cell) ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.org> To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org> Sent: Fri Jul 01 10:29:24 2011 Subject: [RPPTL-constructionlaw] WQAA (FS 376.30-.317): Referral Everyone, I am searching for an attorney experienced in litigating Water Quality Assurance Act (WQAA) claims. Two separate clams are involved, each involving real property located in Daytona Beach, each involving the same developer (the client). 1. One claim arises from the installation of a new 150 gallon above-ground storage tank at a residence. The installer connected the tank to a pre-existing copper pipe line running to a home furnace. The installer did not test the integrity of the line resulting in a discharge of 100 gallons of petroleum oil into the ground through a hole in the line. The owner has brought a WQAA claim against (i) the installer (an independent contractor) and (ii) the client/developer who contracted with the installer for the work but who has no experience with such installations and was not present when the installation occurred. [The installation was arranged by the client/developer as part of his due diligence activity. The contract did not close.] 2. Another claim arises from ammonia discovered on land previously owned by the client/developer. The client/developer was required by contract to give a credit for the estimated remediation cost to his buyer, the present owner who discovered the ammonia during his due diligence activity. The client/developer asserts that the ammonia is migrating from an illegal landfill located on adjoining land. The FDEP will soon confirm this assertion. If you or someone you know who is experienced and might be interested in handling these claims, please let me know. Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com <mailto:dick@burt-burt.com> www.burt-burt.com <http://www.burt-burt.com/>