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

[James Moye]

Given that we are counsel of record for one of the parties in the Supreme Court process, it would be inappropriate for us to comment.

For those who are interested, the Supreme Court argument is available for review at the Supreme Court website.

JAMES E. MOYE
Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP
(407) 622-5250
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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Michelle Kane
Sent: Tuesday, December 13, 2011 4:39 PM
To: jim at mccraelaw.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties

Seems the Supreme Court should issue a ruling first?

From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org]<mailto:[mailto:constructionlaw-bounces at lists.flabarrpptl.org]> On Behalf Of Jim McCrae
Sent: Tuesday, December 13, 2011 3:14 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] FW: SB 1196 - Construction Warranties

Poorly thought out and poorly worded legeslation which should not be supported.  Its reminicent of 713.245.

Jim McCrae
Law Office of Jim McCrae, P.A.
Lake Mary Professional Campus
1349 International Parkway South
Suite 2421
Lake Mary, FL 32746
Main   407 936 1570
Fax    407 936 1571
Email jim at mccraelaw.com<mailto:jim at mccraelaw.com>
www.mccraelaw.com<http://www.mccraelaw.com/>
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Board Certified by The Florida Bar in Construction Law


________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org]<mailto:[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<mailto:joe.lane at lowndes-law.com>
www.lowndes-law.com<http://www.lowndes-law.com>



________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org]<mailto:[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

The information contained in this electronic mail message is privileged and confidential information intended only for the use of the individual or entity named.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited.  If you have received this communication in error, please immediately notify us by telephone at (407) 386-1900 or reply email and delete this message.

________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org]<mailto:[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<mailto:Reese.Henderson at gray-robinson.com>
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From: Freedman, Robert S. [mailto:rfreedman at carltonfields.com]<mailto:[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
[Carlton Fields, P.A.]
Robert S. Freedman
Attorney At Law

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

direct 813.229.4149
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