[RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties

Tue Dec 13 12:06:14 PST 2011

Concur with Joe Lane's comment.

Timothy R. Moorhead, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Lane, Joseph
Sent: Tuesday, December 13, 2011 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties

Personally I think this issue is very politically motivated ( perhaps good viewpoints on either side of it) and is not something we should be sanctioning legislation to promote or kill.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane at lowndes-law.com
www.lowndes-law.com

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Brian Bennett
Sent: Tuesday, December 13, 2011 2:11 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Since the Florida Supreme Court has accepted jurisdiction over the appeal of the Maronda Homes case, shouldn't the legislature wait to see what happens before advancing a bill overturning the 5th DCA's decision before the Florida Supreme Court has a chance to issue its opinion?

Brian W. Bennett
Board Certified Construction Attorney
Page, Eichenblatt, Bernbaum & Bennett,P.A.
214 E. Lucerne Circle
Orlando, Florida 32801
Phone (407) 386-1900
Fax   (407) 386-1901

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, December 13, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties
Importance: High

Folks:  Please see the attached.  I am soliciting comments from CLC members before formulating a response to the higher-ups with the RPPTL section.  Due to the time-sensitive nature of these things, I will only be able to include responses received by COB today.

Thanks,
Reese

Reese J. Henderson, Jr.
Shareholder
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From: Freedman, Robert S. [mailto:rfreedman at carltonfields.com]
Sent: Tuesday, December 13, 2011 12:33 PM
To: Reese J. Henderson, Jr.
Subject: SB 1196 - Construction Warranties
Reese, I am not sure if I sent this one to you previously.  Does the CLC have a position on SB 1196 (attached), as introduced by Senator Bennett?  This is the homebuilders' legislative attempt to reverse the Maronda Homes decision, and also narrows the common law doctrine in Gable v. Silver.   The Condominium and Planned Development and the Real Property Litigation committees have both advised that they are opposed to the proposal.  Pete is meeting tomorrow with the homebuilders' representatives (one of whom is Chris Dudley, Fred's son, for purposes of disclosure) to discuss the proposal.  We do not have a Section position at this point in time, but want to consider one and need to know the CLC's thoughts.  Please advise at your earliest possible convenience, and sorry for the rush.  Regards, Rob
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