[RPPTL-constructionlaw] Commercial Job (church) withvolunteerlabor

Fri Aug 19 10:39:55 PDT 2011

Unless the case law has recently changed, advance waivers for personal
injuries are enforceable provided the waiver evidences a clear intent to
release for negligence.  These kinds of waivers are typically executed
in conjunction with many different types of tourist activities, such as
scuba diving, sky diving, horse back riding, rental of personal
watercraft, etc.  The Florida Supreme Court has held that such waivers
executed by parents on behalf of minors are not enforceable.  There was
some legislation on that topic, but I have not reviewed it.  

The Florida Supreme Court case should have a good summary of the law.  I
am not sure if the legislation passed.  

David C. Willis
Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.
407.839.2186

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 12:04 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church)
withvolunteerlabor

     Injured workers, volunteer or otherwise, will likely have recourse
against the GC's Workers Comp policy as the statutory employer of
record.  Not an expert on comp law, but that is my understanding.  As
the GC of record, GC's GL policy will also be exposed to claims for both
third party BI and PD claims.

     I am not sure a worker,  volunteer or otherwise, can enforceably
release in advance claims for jobsite injuries.  If that were the case,
I suspect all kinds of employers would extract such concessions from
their employees or laborers.  I would suggest the GC get a (725.06
compliant) indemnity and hold harmless agreement from the Church itself
which is the entity actually benefitting from everyone's volunteering
and the entity likely best able to respond to an actual claim for
indemnity from the GC.

Michael R. Gibbons  (Bio
<http://lowndes-law.com/our-people/michael-r-gibbons> )
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
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/> 

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
fred.dudley at hklaw.com
Sent: Friday, August 19, 2011 11:32 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Commercial Job (church) with
volunteerlabor

Off the top of my head:

1.       No license is required for these volunteers, since they are not
being compensated;

2.       Any liability for injuries on the premises (anytime) should be
a matter covered by the church's property insurance policy, so they may
want to consult with their agent.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley at hklaw.com <mailto:fred.dudley at hklaw.com>  | www.hklaw.com
<http://www.hklaw.com/>  

________________________________________________
Add to address book <http://www.hklaw.com/vcard.aspx?user=frdudley>  | 
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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Robert E. Doan
Sent: Friday, August 19, 2011 11:20 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Commercial Job (church) with volunteer
labor

A church owner wants to use "volunteers" from the congregation to do
much of the labor on a renovation.  A GC will be paid to pull permits
and actually supervise and direct the work (not just pull permits and
disappear.)  GC is concerned about liability for these volunteers if
they are injured on the job and would like to address it as much as
possible contractually and/or with waivers/releases signed by the
volunteers.  

Anyone dealt with this scenario before.  If so, please reply directly to
me at:  robert at lawgainesville.com 

Robert E. Doan

Board Certified Construction Attorney

Supreme Court Certified Circuit Civil Mediator
Silverman, Vorhis & Doan

311 NE 1st Street
Gainesville, FL 32601
PH: 352-337-8373
Fax: 352-505-6188
Email: robert at lawgainesville.com   

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