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

[Chuck Young]

Many counties/cities had the same or similar language whereby % of damage to repair ratio existed in their ordinances.

Charles P. Young, Esq.
Board Certified in Construction Law
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, Florida 32502
850-433-6581
850-429-0492 (Fax)

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq
Sent: Monday, April 18, 2011 10:52 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule

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/

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