[RPPTL-constructionlaw] [RPPTL] -need a referral

Thu Sep 1 08:35:54 PDT 2011

      Assume you are dealing with the AIA contract language requiring notice of claim to the Architect.  There is some authority that the AIA language doesn't require submission to the Architect of a dispute over payment after the work has been completed.  Trionfo & Sons v. LaRosa, 381 A. 2d 727 (1978).  Depending on the version of the AIA contract at issue, the fact that the Architect's CA work is completed (assuming its scope included CA in the first place) may support a waiver of the requirement.

      Under the 1970 version of the AIA contract, a court found that there was no specific penalty or sanction for failing to present a claim to the Architect pre-suit.  Stauffer Const. Co. v. Board of Educ., 460 A. 2d 609 (1983).  

       You may also want to look at the Owner-Architect contract to determine what the Architect's scope of services included on the project at issue.  Assuming (as would be typical) the contract is silent on the duty or specifically calls it out as an "Additional Service",  you may argue that the Owner had not contracted with the Architect to perform this quasi-judicial scope in the first instance.

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 Gary L. Brown
Sent: Thursday, September 01, 2011 10:58 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referral

How about a Cane?!  Lol

On a different topic, can anyone advise whether you've litigated the issue of a pre-suit condition precedent (not mediation, but submission of claim to design professional of record and getting decision or lack thereof w/in certain time period) that was not satisfied before suit was filed, and whether that's fatal to the claim? Or whether dismissal/judgment would be w/o prejudice for the party to 1st comply with the requirement and re-file (assuming still w/in statute of limitations).  My hunch is it's the latter.  Anyone's guidance or reference to precedent would be appreciated.   Please just email your response to gbrown at wsh-law.com.  Thx.   

 <http://www.wsh-law.com/Includes/Templates/Active/images/h-logo.gif>     Gary L. Brown, Esq.
    Partner
    Board Certified Construction Lawyer
    Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
    200 East Broward Blvd., Suite 1900
    Fort Lauderdale, FL 33301
    www.wsh-law.com <http://www.wsh-law.com/> 
    Tel: (954) 763-4242
    Fax: (954) 764-7770

  P Think before you print

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Ian Kravitz
Sent: Thursday, September 01, 2011 8:57 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referral

Don't know if I would have a Gator defending my Nole kid 

Ian T. Kravitz, Esquire   view my bio <http://www.mkpalaw.com/Attorneys/Ian-T-Kravitz.shtml> 

Board Certified in Construction Law

AV Preeminent Rated by Martindale-Hubbell

MALKA & KRAVITZ, P.A.

1300 Sawgrass Corporate Parkway

Suite 100

Sunrise, FL 33323

Telephone 954-514-0984

Facsimile  954-514-0985

www.YourConstructionLawFirm.com <http://www.mkpalaw.com/> 

                            Your Construction Law Firm(tm)

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Mike Wilson
Sent: Thursday, September 01, 2011 8:22 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referral

Tim Jansen is the best in Tallahassee and was my college roommate at UF. His number is 850 545-9189. Tell him I referred you and he will take care of it. Mike

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of mromm at rommlaw.com
Sent: Thursday, September 01, 2011 4:11 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] -need a referral

Hi everyone.....bad news. My nephew was arrested in Tallahassee. He is student in his first week at college at FSU (false ID/poss. alcohol) - kid stuff!   Anybody have a GOOD FRIEND who can handle a criminal case for me?  He's a good boy, who made a bad choice.  Please call me privately at 954-557-8002 if you have a referral for me. Thanks!!! Michael

Michael Romm

Michael R. Romm, P.A.

North Office: 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

South Office: 6505 Blue Lagoon Drive, Suite 460, Miami, FL 33126

Cell Phone: (954) 557-8002

Office Phone: (305) 260-1600

Fax #1:  (954) 208-0022

Fax #2:  (888) 622-3035

mromm at rommlaw.com

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	-------- Original Message --------
	Subject: Re: [RPPTL-constructionlaw] Sarasota County building
	envelope/waterintrusion expert
	From: "Chris Lamia" <clamia at bmolaw.com>
	Date: Wed, August 31, 2011 10:43 pm
	To: <constructionlaw at lists.flabarrpptl.org>

	David Karins, PE. Karins Engineering Group. 
	Christine E. Lamia 
	Bryant Miller Olive 
	101 North Monroe Street 
	Suite 900 
	Tallahassee, Florida 
	(850) 222-8611 (office) 
	(850) 222-8969 (fax) 
	(850) 728-4034 (cell)

________________________________

	From: constructionlaw-bounces at lists.flabarrpptl.org <constructionlaw-bounces at lists.flabarrpptl.org> 
	To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org> 
	Sent: Wed Aug 31 15:10:21 2011
	Subject: [RPPTL-constructionlaw] Sarasota County building envelope/waterintrusion expert 

	Hi all:

	I'm looking for a building envelope/water intrusion expert in Sarasota County.  Thank you in advance for your referrals, please send contact info and any helpful info directly to me at pgoggins at gmail.com.

	PG

	-- 
	Patrick J. Goggins, PA
	Sun Trust Building, Suite 850
	777 Brickell Avenue
	Miami, FL 33131-2811
	Tel:  305/530-8500 <tel:305%2F530-8500> 
	Fax: 305/530-8557 <tel:305%2F530-8557> 
	pgoggins at gmail.com

________________________________

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	constructionlaw mailing list
	constructionlaw at lists.flabarrpptl.org
	http://mailman.fsr.com/mailman/listinfo/constructionlaw 

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