[RPPTL-constructionlaw] THANK YOU ALL FOR ANSWERING MY PERMITQUESTION

Thu Apr 12 17:18:31 PDT 2012

You should recommend your clients have the homeowners sign something confirming the homeowner has requested the contractor perform the work without a building permit and that the homeowner is responsible for any and all consequences arising from or related to the failure to obtain a permit.

As I am sure you know, a noticeable change to the original layout of the house can cause an informed buyer to check for a permit, NOC and NOT.  Without documentation that the work was permitted and inspected by the local building department, the homeowner may run into complications when selling the house.  

There are many other complications that can arise from un permitted work, if your clients are doing that kind of work I also recommend you put together a basic notice letter to your clients that you advised them of the consequences and they chose to do the work anyway.

Ed

Ed Kinberg                                                                                                                                  

Fellow, National Contract Management Association                                                                                                       

Board Certified, Construction Law Attorney                                   

Government Contract Law, Construction Law, and Business Law

Attorneys At Law

1290 W. Eau Gallie Boulevard

Melbourne, FL   32935

Tel. (321) 259-1910

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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 4:47 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] THANK YOU ALL FOR ANSWERING MY PERMITQUESTION

Thanks to everyone who sent in answers - 

Lee- I was obviously confused!  

Larry -  Did you mean to cite Braverman v. Van Bower, Inc., 583 So.2d 381 (Fla. 3rd DCA, 1991)  ???  As usual ....you are right on point!

To everyone else Thanks to all of you....>>> I have counseled ALL of my contractors not to work without a permit.... However many of my clients are telling me that especially on smaller jobs   (less than $15K)  their customers will NOT hire my contractors ( I have about 8 contractors who are having this problem) unless they abandon the permit requirement...the homeowners simply do not want to wait THAT LONG for a permit. When my clients take my advice and refuse the homeowners' requests.......the homeowners go find another contractor who will do it without a permit and my clients are losing jobs.  This is never a problem when my contractors are working on larger jobs that will take months to complete anyway - the long wait for a permit doesn't factor on those jobs.... but on these small cosmetic jobs costing $15K and less -the homeowners simply do not want to wait....

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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Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.  Law Offices of Michael R. Romm, P.A.

	-------- Original Message --------
	Subject: Re: [RPPTL-constructionlaw] [RPPTL - QUESTION: no
	building permit....
	From: Larry Leiby <Leiby at mkpalaw.com>
	Date: Thu, April 12, 2012 1:58 pm
	To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org>

	See Braverman v. Van Bower, Inc., 558 So.2d 381 (Fla. 3rd DCA 1991).  

	Larry R. Leiby, Esq.

	Malka & Kravitz, P.A.                                                          

	1300 Sawgrass Corp. Pkwy., Suite 100

	Ft. Lauderdale, FL  33323

	Phone:  954-514-0984

	Fax:      954-514-0985     e-mail:  leiby at mkpalaw.com

	Board Certified in Construction Law

	Fla. Supreme Court Certified Circuit Court Civil Mediator

	Member, Leiby Alexander Brandt ADR Group, LLC

	Member, JAMS Global Engineering and Construction Panel

	Fellow, College of Commercial Arbitrators

	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 <mailto:mromm at rommlaw.com> 

	CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.

	TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

	Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.  Law Offices of Michael R. Romm, P.A.

		-------- 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 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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