[CLC-Discussion] Alleged 18 year Old Open Permit

michael yates myates at mjylaw.com
Fri Jul 10 09:22:53 PDT 2015


I would appreciate any feedback on this scenario. glazing subcontractor
pulls permit for store front glass and removable storm shutter installation
on private building , completes work, GC's master permit is closed on entire
project and CO issued. 18 years later during another renovation of building,
municipality now says old glass and glazing permit was never closed out (or
they don't have a record of it closing). municipality says old 18 year
permit must now be "re-opened" or "re-instated" and new inspection be made
in order for current renovation permit to be properly closed and new CO
issued. glass subcontractor's records of permit are now gone.    current
owner demands glass subcontractor to reopen permit, properly close it out to
allow  new renovation permit to be closed out. notwithstanding the Pandora's
box of new code requirements likely associated with re-opening the 18 year
old permit, does glass subcontractor (with state license) risk licensing
sanctions or Board action if it refuses to comply with owner's demand?...
civil action S/L and statues of repose appear to have run and glass
subcontractor does not want to incur or risk the cost and total headache
associated with re-opening any 18 year old permit..

 

Michael J. Yates, Esq.

Board Certified in Construction Law

Law Offices of Michael J. Yates, P.L.

5975 Sunset Dr. Suite 602

Miami, Florida 33143

Voice 305.666.8100

Fax      305.666.8106

 

 

 

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