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

Tue Dec 13 12:05:48 PST 2011

I agree with Joe and Brian that this bill is a legislative intervention
in the judicial process, quite permissible from a political viewpoint,
but not a step this group should sanction one way or the other.  And
certainly not a step that should be taken on such short notice with so
little discussion.

F. Eugene Atwood | Shareholder 

Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville,
Florida 32207

Direct 904.346.5721 | GAtwood at rtlaw.com <mailto:GAtwood at rtlaw.com>  | 
www.rtlaw.com <http://www.rtlaw.com/> 

Florida Bar Board Certified Construction Attorney

________________________________

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 

________________________________

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

GrayRobinson, P.A.

50 North Laura Street, Suite 1100 

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson at gray-robinson.com

GRAY | ROBINSON <http://www.gray-robinson.com/> 

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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

Robert S. Freedman
Attorney At Law

4221 W. Boy Scout Boulevard, Suite 1000
Tampa, Florida  33607-5780 

direct 813.229.4149
fax 813.229.4133
rfreedman at carltonfields.com
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