[RPPTL-constructionlaw] WQAA (FS 376.30-.317): Referral

Fri Jul 1 13:28:51 PDT 2011

Richard-

I had a message that Rob Gough with the Hill Ward Henderson Firm in Tampa may handle claims of this nature. Good luck. 

Matt

Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial:  239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro at henlaw.com
http://www.henlaw.com

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From: constructionlaw-bounces at lists.flabarrpptl.org 
To: 'RPPTL constructionlaw' 
Sent: Fri Jul 01 10:29:24 2011
Subject: [RPPTL-constructionlaw] WQAA (FS 376.30-.317): Referral 

Everyone,

I am searching for an attorney experienced in litigating Water Quality Assurance Act (WQAA) claims.  Two separate clams are involved, each  involving real property located in Daytona Beach, each involving the same developer (the client).  

1.       One claim arises from the installation of a new 150 gallon above-ground storage tank at a residence.  The installer connected the tank to a pre-existing copper pipe line running to a home furnace.  The installer did not test the integrity of the line resulting in a discharge of 100 gallons of petroleum oil into the ground through a hole in the line.  The owner has brought a WQAA claim against (i) the installer (an independent contractor) and (ii) the client/developer who contracted with the installer for the work but who has no experience with such installations and was not present when the installation occurred.  [The installation was arranged by the client/developer as part of his due diligence activity. The contract did not close.]

2.       Another claim arises from ammonia discovered on land previously owned by the client/developer.  The client/developer was required by contract to give a credit for the estimated remediation cost to his buyer, the present owner who discovered the ammonia during his due diligence activity. The client/developer asserts that the ammonia is migrating from an illegal landfill located on adjoining land.  The FDEP will soon confirm this assertion.

If you or someone you know who is experienced and might be interested in handling these claims, please let me know.  

Thanks.

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue 

Suite 200 

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile) 

dick at burt-burt.com <mailto:dick at burt-burt.com> 

www.burt-burt.com <http://www.burt-burt.com/> 

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