[CLC-Discussion] [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

[Roberts, Hardy L.]

p.s.  I should note that Chuck has not actually laid claim to the first mis-post of a CLC-discussion email.  He adroitly replied to an older email, thereby taking advantage of the little known CLC-discussion grandfathering exemption.  The opportunity for first mis-post still remains up for grabs.

From: Roberts, Hardy L.
Sent: Monday, April 23, 2012 2:43 PM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: FW: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

This email is re-posting Chuck’s request to the CLC-discussion listserv rather than CLC Classic.  Please feel free to reply to this email (and thereby to the entire CLC-Discussion listserv) or reply directly to Chuck at cpy at esclaw.com<mailto:cpy at esclaw.com>.

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Young
Sent: Thursday, April 19, 2012 11:38 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

Can an unlicensed contractor try to use the definition of “contractor”, which includes the term “compensation”, for protection from unlicensed contracting issues, when the definition also includes the term “qualified”?

Charles P. Young
Board Certified Construction Attorney
Emmanuel Sheppard & Condon
30 South Spring Street
Pensacola, FL 32502
Main: 850-433-6581
Direct:  850-444-3823
Fax: 850-434-5856
cpy at esclaw.com<mailto:cpy at esclaw.com>

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Thursday, April 19, 2012 10:09 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-constructionlaw QUESTIONBUT LOOKING FOR A VERY SPECIFIC CASE ONLY

I understand but also see 489.105(3) "Contractor" means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others . . .

Bottom line: I think the law is in favor of the owner vs. the unlicensed (or under-licensed) contractor but sometime we have to get creative to try to help our clients who have created a  mess for themselves.


Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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