[CLC-Discussion] Chapter 558 Notice of Defect

Mon Jun 4 06:19:42 PDT 2012

Thank you all. This is what I meant by “practical effect”. 

Tracye K. Solove, Attorney at Law

Certified Civil Circuit Mediator

Tracye at solovelawfirm.com

Kendallwood Office Park One

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From: Whelan, Ed [mailto:EWhelan at gunster.com] 
Sent: Saturday, June 02, 2012 6:11 PM
To: fred.dudley at hklaw.com
Cc: Tracye; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Chapter 558 Notice of Defect

I had a jury trial last month involving 2 such notices and no response.  My client spent $800,000 on repairs.  Contractor's failure to respond It all came in evidence to show the lack of any alternate repair offer. Failure to mitigate was an issue in the case so it was relevant to show the contractor's failure to respond with any alternate fix to rebut the failure to mitigate. 

That's how I suggest to get it in - if on the contractor side and want to keep out, need to think seriously about whether you have a failure to mitigate defense because it you try that defense, any good judge will allow your lack of an alternate repair to come in. 

Sent from my iPad

On Jun 2, 2012, at 5:05 PM, "fred.dudley at hklaw.com" <fred.dudley at hklaw.com> wrote:

	While both 553.004(4) and (7) appear to mandate a response (“must”), (6) permits the claimant to proceed with suit or arbitration if contractor does not timely respond. In addition, pursuant to (15) some subsequent discovery sanctions MAY be available to the claimant to the extent documents are not provided by the contract.

	I’m not sure if evidence of the contractor’s failure to respond can is relevant and admissible, but the owner will probably want to allege timely and proper service of this notice.

	Frederick Dudley | Holland & Knight
	Board Certified Construction Lawyer
	315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
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	fred.dudley at hklaw.com <mailto:fred.dudley at hklaw.com>  | www.hklaw.com <http://www.hklaw.com/>  

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	From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Tracye
	Sent: Friday, June 01, 2012 2:54 PM
	To: clc-discussion at lists.flabarrpptl.org
	Subject: [CLC-Discussion] Chapter 558 Notice of Defect

	Can anyone tell me the practical effects of failing to respond to the notice of defect? (if entity receiving notice does not want to inspect or fix the problem)

	<image001.gif>

	Tracye K. Solove, Attorney at Law

	Certified Civil Circuit Mediator

	Tracye at solovelawfirm.com

	Kendallwood Office Park One

	12002 Southwest 128th Court

	Suite 201

	Miami, Florida  33186

	Phone: (305) 612-0800

	Facsimile: (305) 612-0801

	http://www.solovelawfirm.com

	Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

	This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you. 

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