[RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule

[Charles B. Hernicz, Esq]

The 2004 Code, that became effective in October 2005, was "upllemented" in
January and November 2006 to fix a number of oversights in the 2-year behind
schedule 2004 Code, and the 25% rule was put back in (I think in chapter 4
of the Existing Building Code).  The original 2004 Code and all of the
supplements are now the 2004 Florida Building Code.  If you are doing any
work subject to the 2004 Code, you must comply with that entire Code.

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

 

 

 

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Raymond
L. Robinson
Sent: Monday, April 18, 2011 10:29 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule

 

I have a situation where a client of mine, that suffered a loss from
Hurricane Wilma, is having difficulty in a claim under its insurance policy
in recovering the cost to repair/replace their roof up to the current  code.
Apparently there was an error in the 2004 Code which went  into effect on
October  1, 2005 that omitted the 25% provision and the insurer is
questioning whether they are obligated to pay for the new code upgrade even
though the County is requiring same. Wilma hit on October 25,2005 but the
Code was not corrected until after that date. 

 

Any help would be greatly appreciated.

 

 

  Raymond L. Robinson, Esq.

  Cell: (305) 632-4384

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

 

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Connect with Robinson & Associates, P.A.

 

 
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