[CLC-Discussion] "Occupy"

Wed Mar 4 12:56:12 PST 2015

489.105 (3) 3) “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. For the purposes of regulation under this part, the term “demolish” applies only to demolition of steel tanks more than 50 feet in height; towers more than 50 feet in height; other structures more than 50 feet in height; and all buildings or residences. Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)-(q).

489.105 (6)

(6) “Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term “contracting” shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to sell or sells manufactured or factory-built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.

Sincerely yours,
Randall Gilbert, Esq.
Board Certified Construction Lawyer

[Randall-Gilbert]

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Andrew Epstein
Sent: Wednesday, March 04, 2015 3:28 PM
To: Gregory Johansen; clc-discussion at lists.flabarrpptl.org
Cc: njbf at comcast.net; wgb2 at comcast.net
Subject: Re: [CLC-Discussion] "Occupy"

I have a property management company that is licensed as realtors that undertook to perform extension construction at a client’s property (a personal residence not a condo or in an association).  May a licensed property management company perform substantive construction work and charge a percentage on top of the sub’s contract price similar to how a contractor performs a cost-plus contract?

Andrew S. Epstein, Esquire
Andrew S. Epstein, P.A.
1375 Jackson Street, Suite 303
Fort Myers, Florida 33901
Telephone: (239) 334-6666
Facsimile: (239) 791-0100
Email: drew at andrewepstein.com<mailto:drew at andrewepstein.com>;
And please copy to: njbf at comcast.net<mailto:njbf at comcast.net>

[cid:image001.jpg at 01CECBFF.370226F0][cid:image005.gif at 01CECBFE.BFC56700][cid:image002.jpg at 01CECBFF.370226F0]

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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 Gregory Johansen
Sent: Wednesday, March 4, 2015 2:52 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] "Occupy"

When a construction contract states that when the owner “occupies” the property after C/O certain things happen without defining the term.  Anyone have any guidance as to the definition of “occupies”?  Obviously, moving in constitutes occupation but are there actions short of actually moving in that would be “occupies”?

Thanks

Greg

Gregory J. Johansen
Gregory J. Johansen P.A.
4767 New Broad Street
Orlando FL 32814

407-956-1050
407-514-2604 (fax)

gregoryjohansen at gjjlaw.com<mailto:gregoryjohansen at gjjlaw.com>

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