[CLC-Discussion] Chapter 558 application -- is privity required?

[John Trawick]

In this case, the work was contracted by one townhouse owner for work only to that owner’s roof, which was not considered common area.  All units adjoin each other and one A-frame roof terminates into the next.  It was the “weaving” of the two roofs together, at the seam (which is over the party wall), which is alleged to have been done defectively, leading to the damage to the adjacent unit interior.

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From: mromm at rommlaw.com [mailto:mromm at rommlaw.com]
Sent: Friday, October 26, 2012 4:38 PM
To: Jason L Molder; John Trawick
Cc: clc-discussion at lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Chapter 558 application -- is privity required?

I've dealt with that exact issue before....make sure you read the HOA or condo docs on the responsibility of the association and owners respectively for roofs.  In my case there was important language in that document that changed everyone's perspective.

Michael Romm
Michael R. Romm, P.A.
North Office:  4660 North University Drive
Lauderhill, FL 33351
South Office: 1213 S. 30th Avenue, Suite 2
Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
EMAIL:  mromm at rommlaw.com<mailto:mromm at rommlaw.com>

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-------- Original Message --------
Subject: Re: [CLC-Discussion] Chapter 558 application -- is privity
required?
From: Jason L Molder <Jason at bmwlawyers.net<mailto:Jason at bmwlawyers.net>>
Date: Fri, October 26, 2012 4:28 pm
To: John Trawick <john at coastalalg.com<mailto:john at coastalalg.com>>
Cc: "clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>"
<clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>

Wouldn't this be a property damage claim as opposed to a construction defect claim?  In such a case, 558 would not apply.  However, if the townhomes share a single roof and the association contracted for the work, possibly there might be 558 applicability here.  Just a thought.  I could be wrong.

Jason L. Molder | Of Counsel | BENSON, MUCCI & WEISS, PL
5561 N. University Dr., Suite 102
Coral Springs, Florida 33067
Phone 954.323.1023 | Fax 954.323.1013
jason at bmwlawyers.net<mailto:jason at bmwlawyers.net> | www.bmwlawyers.net<http://www.bmwlawyers.net/>

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On Oct 26, 2012, at 4:24 PM, John Trawick <john at coastalalg.com<mailto:john at coastalalg.com>> wrote:


An owner claims that my client, a roofing contractor, damaged his roof while my client was replacing an adjoining townhouse roof.  The owner claims that as a result of the roof damage, water entered his unit and cause secondary damage to sheetrock, cabinets, etc.  I am inclined to tell the owner that until he complies with 558, there’s nothing to discuss.  The definitions in 558 do not appear to limit the application of 558 to only those situations where there is privity between the owner and contractor.  Instead, 558 would indeed appear to govern this situation, notwithstanding the absence of privity.  Am I wrong?

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