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

Thu Apr 12 12:35:29 PDT 2012

good point.

Paul V. DeBianchi, Attorney at Law
Paul V. DeBianchi P.A.
111 S.E. 12th St., 
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  ----- Original Message ----- 
  From: Sandra Kennedy 
  To: RPPTL constructionlaw 
  Sent: Thursday, April 12, 2012 2:12 PM
  Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: nobuilding permit....

  A lien requires an improvement and a contract.  Was the property actually improved if the plans were not approved, the work does not pass code and is subject to demolition?  Is there a contract if the subject of the agreement was illegal?  Was there a written contract, perhaps with an arbitration provision? Unjust enrichment might work, if the owner keeps the benefit, but I would not file a lien because the risk of paying fees is too great.

  Sandra D. Kennedy, Esquire

  Florida Bar Board Certified Construction Lawyer

  Ferencik Libanoff Brandt Bustamante and Williams, P.A.

  150 South Pine Island Road, Suite 400

  Fort Lauderdale, Florida 33324

  Tel (954) 474-8080

  Fax (954) 474-7343

  Miami (305) 949-8003

  skennedy at flbbwlaw.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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