[RPPTL-constructionlaw] [RPPTL - QUESTION: no buildingpermit....

Thu Apr 12 11:56:06 PDT 2012

I agree 100%.  

I use this generic email address for this and similar matters instead of my 
 direct email address (_pmartin at psmlawfirm.com_ 
(mailto:pmartin at psmlawfirm.com) ) - where I can  still receive the Canadian pharmacy offers.  That way, 
it is easy for me to  wade through these emails at my own time.  (The other 
methods offered  earlier will also work well for others.).  I learned long 
ago that only my  grandmother knew, and now my spouse knows, everything.

Paul

Paul S. Martin, Esq.
Law Offices of 
Paul S.  Martin & Associates, P.A.
2134 Hollywood Boulevard
Hollywood, FL   33020
USA

Phone 954.923.4604
Telefax  954.923.6545
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In a message dated 4/12/2012 2:48:35 P.M. Eastern Daylight Time,  
jtm at mckeellaw.com writes:

This kind of  interplay is what makes this website priceless for many of 
the  members. 

____________________________________

From:  constructionlaw-bounces at lists.flabarrpptl.org  
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Paul J Kelly
Sent: Thursday, April 12, 2012 2:18  PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw]  [RPPTL - QUESTION: no 
buildingpermit....
What is the total  improvement value? §713.13 Notice of Commencement is not 
required in many  counties if the value is less than $2,500 – if over 
$2,500 I say the GC is out  as the licensed contractor should have known better 
and therefore relinquished  their rights 

Sincerely, 
Paul J.  Kelly 

____________________________________

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 
buildingpermit....

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_ (mailto: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_ 
(mailto:Michael.Kamprath at thresherpa.com) >
Date:  Thu, April 12, 2012 11:55 am
To: "'RPPTL  constructionlaw'" <_constructionlaw at lists.flabarrpptl.org_ 
(mailto: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_ (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)   
[_mailto: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, 

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From: _constructionlaw-bounces at lists.flabarrpptl.org_ 
(mailto:constructionlaw-bounces at lists.flabarrpptl.org)   
[_mailto:constructionlaw-bounces at lists.flabarrpptl.org_ (mailto:constructionlaw-bounces at lists.flabarrpptl.org) ]  On 
Behalf Of _fred.dudley at hklaw.com_ (mailto:fred.dudley at hklaw.com) 
Sent: Tuesday, April 10, 2012 8:45  AM
To: _constructionlaw at lists.flabarrpptl.org_ 
(mailto: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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