[RPPTL-constructionlaw] JALA Pro Bono Construction Case

[RPPTL constructionlaw]

Folks,

Jacksonville Area Legal Aid has a pro bono client who is in need of assistance with a small construction defect matter.  The assignment would involve partnering with a JALA staff attorney who would handle all non-construction aspects of the representation.  The details of the representation are set forth below in Elizabeth’s email.  If you or an associate of yours – who you are authorized to “volunteer” – has the interest and capacity to assist with this matter, please reply directly to Elizabeth Ferguson, pro bono subcommittee chair, at ebferguson at mdwcg.com<mailto:ebferguson at mdwcg.com>.

Thanks,
Reese


Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator   T  904-598-9929
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From: Ferguson, Elizabeth B. <EBFerguson at MDWCG.com>
Subject: JALA Construction Case

This message originated outside of GrayRobinson.
________________________________
Hi All,

Please see below a case from JALA that they are requesting assistance on.  If you or someone at your firm would be willing to handle this matter, please let me know:

Case summary:
Jacksonville Area Legal Aid Clay County client was approached by a contractor to provide roof repairs, a new HVAC and other purported "clean energy" improvements to her home.   The roof was completed at the end of 2019 and the shingles are already lifting and nails popping.  Client has photos and a report of a sort from another contractor (friend of client) relating to the roof "repairs."  The contractor claims to have installed a 5 ton AC unit in the client's small home but the contractor friend who did the recent inspection of the roof and issued the report believes a smaller AC unit was installed.  There were several other overpriced items on the contract.

The repairs were funded by a PACE loan and now the client's mortgage payments, which included escrow amounts for taxes, have more than doubled. The client also filed an insurance claim so the contractor may have received double payment for the poor repairs and oversold products.

PACE loans are "signed" electronically so the client would have had to use an Ipad to "sign" the contracts. It is likely the contractor had her sign a credit authorization and just used that signature on the contract as this is a common occurrence with PACE loans.

JALA staff attorney would be able to handle the PACE aspects of the litigation but would like to have someone review the case for potential merit and then co-counsel if appropriate.

[https://marshalldennehey.com/sites/default/files/2021-03/MD_portrait.png]

Elizabeth B. Ferguson
Attorney at Law
200 West Forsyth St., Suite 1400, Jacksonville, FL 32202
Direct: (904) 358-4230 | Main: (904) 358-4200 | Fax: (904) 355-0019
bio<https://marshalldennehey.com/attorneys/elizabeth-b-ferguson> | e-mail<mailto:EBFerguson at mdwcg.com> | website<http://www.marshalldennehey.com>

This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to EBFerguson at mdwcg.com<mailto:EBFerguson at mdwcg.com>, or by telephone at (904) 358-4230 and then delete the message and its attachments from your computer.
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