[RPPTL-constructionlaw] referral for construction atty inArkanskas

Thu Aug 25 09:37:41 PDT 2011

Ok, I just realized this did not go just to Ms. Croom and for that I am
profoundly apologetic...

________________________________

	From: William H. Beaver II, Esquire 
	Sent: Thursday, August 25, 2011 12:34 PM
	To: 'RPPTL constructionlaw'
	Subject: RE: [RPPTL-constructionlaw] referral for construction
atty inArkanskas

	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
<http://www.hklaw.com/vcard.aspx?user=frdudley>  | View professional
biography <http://www.hklaw.com/id77/biosfrdudley>  

		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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