[RPPTL-constructionlaw] [RPPTL - QUESTION: nobuilding permit....

Thu Apr 12 11:28:44 PDT 2012

My response would have been the same.   

Robert S. Fine, Esq., AIA
Shareholder 
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law

Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826 

finer at gtlaw.com <mailto:finer at gtlaw.com>  | www.gtlaw.com <http://www.gtlaw.com/> 

 Greenberg Traurig<http://www2.gtlaw.com/files/GTLogo.jpg> 

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, April 12, 2012 2:06 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: nobuilding permit....

  The failure to obtain a building permit (where the scope required it) would be an action or omission subjecting the contractor to administrative action against his contracting license pursuant to Ch. 489 and doubtlessly local municipal or county codes as well.  I am not aware of any authority and don't believe that the failure to have a permit disqualifies a contractor from recording and enforcing a lien.  Many muncipalities place the burden on the Owner to have a permit for the work and the Owner in your case may have some exposure to the local building department for contracting work without a permit.

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 mromm at rommlaw.com
Sent: Thursday, April 12, 2012 1:40 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no building permit....

Does anybody know the answer to this question:

If general contractor fails to obtain a building permit (at owner's request because it was a small project at a home and the homeowner did not want to wait for or pay for the permit) and owner does not pay, can GC file a lien and foreclose?

I read the following and I am still confused:

§ 553.79.  Permits; applications; issuance; inspections [Effective until July 1, 2012]

   (1) After the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of the authorized state or local enforcing agency, be delegated authority to issue such permits, upon the payment of such reasonable fees adopted by the enforcing agency. The enforcing agency is empowered to revoke any such permit upon a determination by the agency that the construction, erection, alteration, modification, repair, or demolition of the building for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code. Installation, replacement, removal, or metering of any load management control device is exempt from and shall not be subject to the permit process and fees otherwise required by this section.

§ 553.84.  Statutory civil action 
   Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the violation existed.

and Comptech v. Milam Commerce:  711 So.2d 1255 (Fla. 3rd DCA, 1998) which says no statutory cause of action for violating 553.79 under 553.84 because it is barred by economic loss if construction done under a contract....

Help?

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm at rommlaw.com

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	-------- Original Message --------
	Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum
	From: "Michael Kamprath" <Michael.Kamprath at thresherpa.com>
	Date: Thu, April 12, 2012 11:55 am
	To: "'RPPTL constructionlaw'" <constructionlaw at lists.flabarrpptl.org>

	For all the members who wish to get active in the ABA Forum on the Construction Industry, I would encourage you, if you are not already, to join the ABA.  Membership is currently free through August 31 along with membership in one Section or Forum.  You can do this by going to this site: http://joinaba.org/200916738 Or by calling 1-800-285-2221 and mention promotion code RMM11MRRC.  Once you join the Section or Forum, you will have the opportunity to join a Division or Committee.
	Michael T. Kamprath
	Board Certified in Construction Law
	Thresher & Thresher, P.A.
	400 North Tampa Street,
	Suite 1320
	Tampa, Florida 33602
	Phone: 813 229 7744
	Facsimile: 813 228 0367

	From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Charles Kramer
	Sent: Tuesday, April 10, 2012 10:43 AM
	To: 'RPPTL constructionlaw'
	Subject: Re: [RPPTL-constructionlaw] ABA - Construction Law Forum
	Division 5. Contract Negotiations, Performance and Admin.

	Highest regards, 

	CONFIDENTIALITY: This electronic message transmission contains information from the law firm Rogers, Morris & Ziegler LLP that is considered confidential or privileged.  The information is intended solely for the recipient and use by any other party is not authorized.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify me immediately by telephone (954-462-1431).

	From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of fred.dudley at hklaw.com
	Sent: Tuesday, April 10, 2012 8:45 AM
	To: constructionlaw at lists.flabarrpptl.org
	Subject: [RPPTL-constructionlaw] ABA - Construction Law Forum
	As I requested during yesterday meeting, attached from Cary Wright is a list of the 12 divisions of the Forum, which also reflects the members of each division's Steering Committee. Can you find the one Arnie serves on?       
	It's amazing the number of Florida attorneys (and our CLC members) who are active in this Forum, but with George Myer as chair, we should get MORE active.
	How about picking one you like and letting us know??

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