[RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

[Daniel Moody]

I haven't researched the issue in quite some time, but it is my
understanding that it would be extortion to threaten criminal prosecution,
but not if the threat is one of filing an administrative complaint or
initiating an administrative proceeding.

Daniel L. Moody, Esq. 
Moody and Shea, P.A. 
14501 Walsingham Road 
Largo, Florida  33774 

Phone:  727-596-3000 
Fax:  727-596-3006 
email:   <mailto:dmoody at moodyandshea.com> dmoody at moodyandshea.com 
                              
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-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Sakwa,
Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger
GC below?


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 
 <http://www.arnstein.com/> 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
 <mailto:Shsakwa at arnstein.com> Shsakwa at arnstein.com

Offices in Illinois, Florida, and Wisconsin 
 

  _____  

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
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
 



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