[CLC-Discussion] Discussion item

Tue Aug 20 09:53:54 PDT 2013

More good info!  Thanks!

Timothy R. Moorhead, Esq.
[cid:image002.jpg at 01CE9DA4.539FEBF0]
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com
www.wfmblaw.com

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________________________________
From: Ty G. Thompson [mailto:tthompson at mpdlegal.com]
Sent: Tuesday, August 20, 2013 12:21 PM
To: 'Bruce Partington'; Timothy Moorhead; clc-discussion at lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Discussion item

See the Scherer v. Villas Del Verde Homeowners Ass'n, Inc. decision at 55 So.3d 602. Although it is a case involving a qualifying agent's liability, it does discuss in dicta who may be liable under 553.84.  It suggests that the party committing the violation can only be held responsible under 553.84.

Ty G. Thompson
Board Certified Construction Attorney | Mills Paskert Divers
100 North Tampa Street, Suite 3700 | Tampa, Florida 33602
813-769-4802 (direct) | 813-229-3500 (firm) | 813-229-3502 (facsimile)
www.mpdlegal.com<blocked::http://www.mpdlegal.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Tuesday, August 20, 2013 11:33 AM
To: Timothy Moorhead; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Discussion item

Not necessarily.  You could sue a GC for a code violation of a subcontractor since the GC is legally responsible for the work meeting code.  This would particularly be true if the code violation is by a sub in an unlicensed trade because they couldn't be sued under 553.84 anyway (there are a couple of cases on that issue out there but I don't recall the names).  In that event, I think the GC could assert a common law indemnity claim against the sub.  Might be tougher if the sub is in a licensed trade.

Bruce D. Partington
Clark Partington
bpartington at cphlaw.com<mailto:bpartington at cphlaw.com>
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

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 Timothy Moorhead
Sent: Tuesday, August 20, 2013 10:00 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Discussion item

Good Morning CLC,

 I am looking for the collective wisdom of the group.  If you have time, send me your thoughts.
Scenario:
P sues D for breach of the building code under the statute, 553.84, claiming that D breached the code and that D knew or should have known of the breach. D files third party claim against 3RD for common law indemnity.
Can the common law indemnity action stand?
Since the statute requires the Plaintff to Sue the person or entity who committed the violation, my thought is that Plaintiff's proof of the action against Defendant necessarily disproves Defendant's action against 3rd party defendant as Defendant is proven to have fault. (See the Mendez Garcia case for similar result, no common law indemnity for negligence.)
Am I missing something?

Timothy R. Moorhead, Esq.
[cid:image003.jpg at 01CE9DA4.539FEBF0]
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com<mailto:tmoorhead at wfmblaw.com>
www.wfmblaw.com<http://www.wfmblaw.com>

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer's particular circumstances from an independent tax advisor.

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