[CLC-Discussion] Alleged 18 year Old Open Permit

FineR at gtlaw.com FineR at gtlaw.com
Sat Jul 11 15:11:28 PDT 2015


What is the permitting jurisdiction?

Sent from my iPhone

On Jul 10, 2015, at 12:29 PM, michael yates <myates at mjylaw.com<mailto:myates at mjylaw.com>> wrote:

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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