[CLC-Discussion] Chapter 558 Florida Statutes

Fri Aug 24 07:48:37 PDT 2012

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 at 24082012-3547]

[cid:592524614 at 24082012-354E][cid:592524614 at 24082012-3555][cid:592524614 at 24082012-355C][cid:592524614 at 24082012-3563]
35111 U.S. Highway 19 N. *  Suite 302 * Palm Harbor, FL 34684 * Fax (727) 787-3231
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by 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, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials.

________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Poklemba, Joseph F.
Sent: Friday, August 24, 2012 10:17 AM
To: clc-discussion at 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 at BlankRome.com<mailto:JPoklemba at 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.

********************************************************************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4379 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 2981 bytes
Desc: image004.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 2417 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.gif
Type: image/gif
Size: 2857 bytes
Desc: image008.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/image008.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.gif
Type: image/gif
Size: 2857 bytes
Desc: image010.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120824/69fe77bc/image010.gif>