[CLC-Discussion] Question re: Change of Contractor on Permit - when new Contractor is not yet selected

[Gibbons, Michael]

I assume the “residential construction project” you reference is a single family home.  Take a look at Owner-Builder exemption found at Fla. Stat. s. 489.103(7).  I understand that the intent is for the  Owner-Builder permit to be an interim solution until new licensed GC is contracted.  If the Owner  were an individual, it would be easier to process. As it is, with a Trust  as Owner, basically the Trustee of the Trust would have to sign the application and Owner-Builder permit which includes a statement that the residence is for the Owner’s own use or occupancy.  I’m guessing that is not the case with the trustee who typically is acting as Trustee for the benefit of beneficiaries who are necessarily other than the Trustee.   Otherwise, I assume that the Trustee would not object to being the party “legally and financially responsible” for the project site as long as such responsibility is limited to a few week duration without actual construction activity.  If the Trustee can get comfortable with the “use or occupy” requirement and the fact that the property is owned of record by a Trust doesn’t by itself set off bells and whistles in the local building department when confronted with an Owner-Builder application from a Trustee, it may fly.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

        [cid:image003.jpg at 01D093FF.5DBD8770]

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of leslie.tomczak at akerman.com
Sent: Thursday, May 21, 2015 5:42 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Question re: Change of Contractor on Permit - when new Contractor is not yet selected

Question:


·         The GC on a residential construction project (owned by a Trust entity) is being terminated midway through construction.

·         Work has stopped and will remain that way until a new GC is retained.

·         Owner is in the process of hiring a new GC, but we are a few weeks off from the replacement GC being selected.

·         Old GC wants its name off the permit now (before new GC is selected and can be named as the new qualifier on the job).

·         What to do?  Can the Trust be listed on the Change of Contractor form in the interim?

Let me know if anyone has experience with this procedure.  Thanks in advance.

Leslie Tomczak
Board Certified by The Florida Bar in Construction Law
LEED AP
Akerman LLP I 350 East Las Olas Boulevard I Suite 1600 I Fort Lauderdale, FL 33301
Dir: 954.759.8926 I Main: 954.463.2700 I I Fax: 954.463.2224
leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>


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