[RPPTL-constructionlaw] referral for construction atty inArkanskas
William H. Beaver II, Esquire
William.Beaver at gray-robinson.com
Thu Aug 25 09:33:45 PDT 2011
Mountain Home...Champion Boats right! or at least they were there a
number of years ago as I picked up a boat there. I used to fish
professionally for bass on various tournament "trails" when I was
completing my undergraduate degree...in my second life after my athletic
career was over and Champion Boats (and, of course, Ranger boats) were
"in vogue" at the time. I am from the northeast corner of Oklahoma,
right across the line from Arkansas. I do not have time for such at
this point in time so I just fish for pleasure now and, as a result,
have not stayed up on such things...Does Champion Boats still call
Mountain Home--home?
________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Croom, Janet
Sent: Thursday, August 25, 2011 12:13 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] referral for construction
atty inArkanskas
My brother and his wife are both practicing attorneys in Mtn.
Home, Arkansas (where I am from). Mark and Jodi Carney, Carney Law
Firm, 870-425-6354. Let me know if you need more-or a different town-
Janet Carney Croom, Esquire
Board Certified - Construction Law
Board Certified - Business Litigation
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, FL 32963
Telephone: 772-231-4343
Fax: 772-234-5213
jcroom at verolaw.com <blocked::mailto:jburgess at verolaw.com>
http://www.verolaw.com <blocked::mailto:www.cbc at verolaw.com>
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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
David Adelstein
Sent: Thursday, August 25, 2011 10:38 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] referral for construction atty
in Arkanskas
Does anyone have a referral for a construction law firm or
attorney in Arkansas? Thanks.
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Gibbons, Michael
Sent: Friday, August 19, 2011 3:03 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Commercial Job
(church)withvolunteerlabor
Turns out that "volunteers" working without remuneration
are not "employees" of the GC under comp law. Mea culpa. See, Fla.
Stat. s. 440.02(15)(d)6 (person who does not receive remuneration for
services is presumed a "volunteer" which is defined not to be an
"employee" for ch. 440 WC purposes). So, the volunteer Church workforce
will not have claims against the GC's WC policy but will have claims, if
injured, against GC's GL policy (unless excluded under the GL policy).
Fla. Stats. ss. 440.09 and 440.10 mandate (absent
statutory exemption) that the employer (GC) provide WC benefits to
injured employees. Though I invite others to cite to statutory or
common law authority permitting advance releases from BI claims in the
employment context, it would appear from the mandatory statutory
language and public policy grounds that such would not be enforceable in
the employment context.
Due to these volunteers not being ch. 440 employees and
not subject to WC coverage, the caselaw David cited may apply and be
enforceable to permit advance waivers of BI claims.
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
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
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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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GrayRobinson, P.A.
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