[CLC-Discussion] GC Permit vs Owner Subs and liability

[RPPTL CLC-Discussion]

I would love a forward on this, dealing with a very similar fact pattern on a case


Vinod R. Bajnath

Partner

Admitted in Florida



vbajnath at rlattorneys.com<mailto:vbajnath at rlattorneys.com>

FL Direct Phone & Fax: 786.422.1394<tel:786.422.1394>

444 Brickell Avenue, Suite 300

Miami, FL  33131

www.rlattorneys.com<http://www.rlattorneys.com/>



This message is confidential and may contain privileged information.  Only the intended recipient is authorized to read or utilize the information contained in this e-mail.  If you receive this message in error, please discard the message and advise the sender by reply e-mail or by phone.

________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org>
Sent: Friday, May 19, 2023 3:05:26 PM
To: clc-discussion at lists.flabarrpptl.org <clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] GC Permit vs Owner Subs and liability


CLC, this issue seems familiar, but I can’t locate an email thread.



Does anyone have that thread, or any thoughts on the issue below? Thank you.



Facts:



  1.  Owner engages General Contractor (“GC”) for commercial construction project.
  2.  GC obtains the necessary Building Permit.
  3.  Owner independently engages “sub” contractors for certain subcontract work (direct privity between Owner and Owner’s Subs – GC not involved.)
  4.  The municipality in which the project is taking place uses a single permit system.
     *   Subcontractors merely fill out and submit a Subcontractor Job Card, which references the GC’s permit #.
     *   All work performed by subcontractors takes place under that GC’s permit #.

GC did not authorize those subcontractors engaged by the Owner to work under his permit, but, given the municipality’s single permit system, they ended up under his permit by default. (No grant of authority or sign off by the GC is required.)

  1.  Owner’s direct privity contractors produce deficient work within their scope.
  2.  Owner now claims that GC is responsible for the deficient work of Owner’s Contractors because GC obtained building permit.



Question:



Is a general contractor liable for deficiencies in, or remediation of, the work of subcontractors who were engaged by and in direct privity with the property owner, if those subcontractors obtained permitting under the general contractors permit?  Case law is welcome.



Thank you.



Paul J. Kelly

Paul J. Kelly, P.A.

2959 First Avenue North

St. Petersburg, Florida 33713



[Board Certified Construction Logo]



Confidentiality Notice: A law firm is sending this message. This email message including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential and or privileged material. Any unauthorized review, use, disclosure, or distribution or use of the contents of this information is prohibited. If you are not the intended recipient, please contact the sender by reply email, destroy all copies of the original message, and do not disseminate further. This message may not be reviewed, printed, displayed, or re-transmitted, without the sender's consent. All rights protected. There may be no further distribution or publication of this communication or its contents without the express consent of this law firm.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230519/3b5dba74/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 192000 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230519/3b5dba74/image001-0001.jpg>