[RPPTL-constructionlaw] [RPPTL] - Would CILB violate the Younger GC below?

[Gibbons, Michael]

Agreed.  One other thing that wasn't clear to me until recently when dealing with the CILB on behalf of a judgment creditor. While i have seen the CILB suspend the license of a licensee due to an unsatisfied final judgment in favor of a consumer, the CILB does not want to be used as a commercial collection agent for trade debt between contractors and subs/suppliers.  If the judgment creditor is a corporation, don't assume the CILB will suspend the license pending restitution (the way it frequently does with consumer judgment creditors).

Sent from my iPhone. Expect typos.


On May 6, 2012, at 3:44 PM, "Sakwa, Stuart H." <Shsakwa at arnstein.com><mailto:Shsakwa at arnstein.com>> wrote:

Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.



Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com<http://www.arnstein.com/>

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa at arnstein.com<mailto:Shsakwa at arnstein.com>

Offices in Illinois, Florida, and Wisconsin


________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of mromm at rommlaw.com<mailto:mromm at rommlaw.com>
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to   "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

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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