[CLC-Discussion] unlicensed contracting question

Sat Jun 20 09:48:58 PDT 2020

Michaels/Anyone,

So, if the Notice is provided after the repairs have been made, it seems it would be impossible for the contractor to have the opportunity to mitigate its damages and/or verify the condition pre-repairs being made.  Giving after-the-fact Notice where there is such an impossibility is tantamount to no Notice whatsoever, such that the claimed defect could not be litigated.  Yes, no, or maybe?  Asking for a friend.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
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Suite 200
Winter Park, FL 32789
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Michelle M. Krone
Sent: Saturday, June 20, 2020 8:20 AM
To: Gibbons, Michael <Michael.Gibbons at lowndes-law.com>
Cc: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] unlicensed contracting question

11) The procedures in this chapter apply to each alleged construction defect. However, a claimant may include multiple defects in one notice of claim. The initial list of construction defects may be amended by the claimant to identify additional or new construction defects as they become known to the claimant. The court shall allow the action to proceed to trial only as to alleged construction defects that were noticed and for which the claimant has complied with this chapter and as to construction defects reasonably related to, or caused by, the construction defects previously noticed. Nothing in this subsection shall preclude subsequent or further actions.

This would be the only avenue for an argument even remotely close to what you are asking.

Regards,
Michelle Krone, Esq.

Sent from my iPhone

On Jun 19, 2020, at 3:43 PM, Gibbons, Michael <Michael.Gibbons at lowndes-law.com<mailto:Michael.Gibbons at lowndes-law.com>> wrote:

Fla. Stat. s. 558.004(12) expressly states that the statute was not intended to create any new defenses unless expressly stated therein.  If the statute was intended to create a process that upon failure of the claimant to comply with it, the claimant would suffer the entire loss of its cause of action, then I would expect that intent to be clearly reflected in the terms of Ch. 558.  While Ch. 558 does require an Owner to provide pre-suit notice of a construction defect claim, it does not expressly state that non-compliance results in the loss of the Owner’s cause of action. In fact, by recognizing that an Owner may sue first without giving the notice and providing that IF that happens the remedy is a STAY of the lawsuit for 60 days, I would say that Ch. 558 pretty plainly does not support the defense of dismissal with prejudice of the Owner’s claim for failure  to comply with the notice requirements.  Lastly, rightly or wrongly, the notice provisions of Ch. 558 are tied to commencement of a lawsuit and not commencement of repairs.

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Hans Peter Haahr
Sent: Friday, June 19, 2020 3:10 PM
To: Daniel Greene <dangreenelaw at yahoo.com<mailto:dangreenelaw at yahoo.com>>
Cc: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] unlicensed contracting question

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any authority that failure to give notice of construction defect before defect is repaired per Fla. Stat. 558 is fatal to lawsuit. I am surprised how little case law on issue.

Anyone has orders supporting the dismissal/summary judgment on this argument?

Sorry for interruption. Happy Friday.

Thank you,
Hans Haahr
Sent from my iPhone

On Jun 19, 2020, at 3:03 PM, Daniel Greene <dangreenelaw at yahoo.com<mailto:dangreenelaw at yahoo.com>> wrote:

Can anyone point me to a case or some authority discussing a contractor being licensed by a local authority (county/city) but not a state license under ch 489?

Thank you for your help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
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