[CLC-Discussion] Termite Damage Expert Needed

Wed Apr 24 10:39:47 PDT 2013

I have done five or six of these cases, one of which involved a multimillion dollar home on the water in Ft. Lauderdale.

My best recommendation is Keith Garofalo, President, Allstar Construction

I believe Mr. Garofalo has seven (7) construction licenses ( Certified General Contractor, Certified Roofing Contractor, Certified Plumbing Contractor, Certified Underground and Utilities, Certified Hazardous Waste, Certified Electrical Contractor, Class V Fire Inspector). He has been in the construction business for 35 years and has built hundreds of residential and commercial projects- everything from 800 sq foot homes to pouring the concrete for the Palm Beach Convention Center.  He is extremely qualified and in addition to his construction work has been working as an expert witness for the last 8 years. He has worked on numerous cases including construction defect and termite cases. Another advantage is that he also all the estimating programs ( Exactimate, Sage Timberline and Exactimate) which are recognized in the industry to quantify damages.

Also remember Kagan v. Eisenstadt, 98 So. 2nd 370 (Fla. 3rd DCA ) . " A latent defect is one which is not readily observable upon a casual observation of the premises.

Highest regards,

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gene Atwood
Sent: Wednesday, April 24, 2013 12:15 PM
To: fred.dudley at hklaw.com; Ian at mkpalaw.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Termite Damage Expert Needed

I agree with Fred about keeping Johnson v. Davis in mind and I will add that I have had a few of these termite cases.  Typically, the most important resource is the previous pest control company.  That company usually has records of being called out for treatment by the seller (satisfying the J v. D knowledge element) along with recommendations for further abatement (treatment, repairs), recommendations that the seller often failed to follow or disclose to your buyer.

Gene Atwood | Shareholder
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Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville, Florida 32207
Direct 904.346.5721 | GAtwood at rtlaw.com<mailto:GAtwood at rtlaw.com> | www.rtlaw.com<http://www.RTlaw.com>
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of fred.dudley at hklaw.com<mailto:fred.dudley at hklaw.com>
Sent: Wednesday, April 24, 2013 11:19 AM
To: Ian at mkpalaw.com<mailto:Ian at mkpalaw.com>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Termite Damage Expert Needed

Remember Johnson v. Davis (Florida Supreme Court).

Frederick Dudley | Holland & Knight
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Ian Kravitz
Sent: Wednesday, April 24, 2013 10:05 AM
To: 'Construction Law Discussion'
Subject: [CLC-Discussion] Termite Damage Expert Needed

We have a client who purchased a residence in Miami-Dade County that is full of termite damage.  Contractors have stated that the prior owners went through great effort to conceal the termite damage, not to mention lying on the seller's disclosure.  We are looking for recommendations for an expert to opine as to the lengths taken by the prior owners to conceal such damage, and whether such damage should have been discovered by the home inspection that noted some small areas of damage.

Any recommendations would be greatly appreciated.

Ian T. Kravitz, Esquire   view my bio<http://www.mkpalaw.com/Attorneys/Ian-T-Kravitz.shtml>
Board Certified in Construction Law
AV Preeminent Rated by Martindale-Hubbell
MALKA & KRAVITZ, P.A.
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Suite 100
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