MyFloridaCode.com

Tue Dec 9 13:49:03 EST 2008

If your license was the Primary Qualifying license and the company did
not have a Financially Responsible officer that relieved you of
financial responsibility then yes, you are on the hook. This particular
situation is covered in training for the Florida contractor exam and the
particular statute you should be aware of is FS 489.119

1.  The application for primary qualifying agent must include an
affidavit on a form provided by the board attesting that the applicant
has final approval authority for all construction work performed by the
entity and that the applicant has final approval authority on all
business matters, including contracts, specifications, checks, drafts,
or payments, regardless of the form of payment, made by the entity,
except where a financially responsible officer is approved.

Darius H Grimes CRC, CSI, CDT
Executive Director of Operations
SkyeTec
9570 Regency Sq Blvd Suite 410
Jacksonville, FL 32225
dgrimes at skyetec.com
Cell (904) 662-6707

Mitigation is.........the effort to reduce loss of life and property by
lessening the impact of disasters.

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Sent: Tuesday, December 09, 2008 12:00 PM
To: codetalk at myfloridacode.com
Subject: CodeTalk Digest, Vol 40, Issue 6

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Today's Topics:

   1. Warranty (st)
   2. Re: Warranty (Al Koskey)
   3. Re: Warranty (WR290 at aol.com)
   4. Re: Warranty (bergquist_services at juno.com)
   5. Re: Warranty (Al Koskey)

----------------------------------------------------------------------

Message: 1
Date: Mon, 8 Dec 2008 13:44:06 -0500
From: "st" <smfarmer at tampabay.rr.com>
Subject: [Florida Code Talk] Warranty
To: <codetalk at myfloridacode.com>
Message-ID:

<!&!AAAAAAAAAAAYAAAAAAAAAAeK4dlJO05JvBOSN+0KuwTigAAAEAAAAJ5h0tLqx61JiV8R
veFW2dkBAAAAAA==@tampabay.rr.com>

Content-Type: text/plain; charset="us-ascii"

The day after Thanksgiving I received a package from my former employer
- for who I was the qualifying agent for about 12 years - and was let go
without any kind of notice or servants package this past February.

The package included a complaint he filed with the Construction board in
Florida regarding 2 houses for which they had received warranty
complaints from the homeowners, the houses received their co's back in
2006, they were spec homes and he did not sell until the end of 2007,
and the complaints only happened in 2008, after my having been let go.
He feels I am still responsible for the houses as far as warranty, can
anyone tell me what our codes or statutes say about this as I can not
seem to find anything specific.

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Message: 2
Date: Mon, 8 Dec 2008 14:09:28 -0600
From: "Al Koskey" <akoskey at cox.net>
Subject: Re: [Florida Code Talk] Warranty
To: "st" <smfarmer at tampabay.rr.com>, <codetalk at myfloridacode.com>
Message-ID: <3A04FB30C8624725B5342A731D9C7F48 at KoskeysPc>
Content-Type: text/plain; format=flowed; charset="iso-8859-1";
        reply-type=original

I looked for statutes involving construction warranties a few years back
and couldn't find anything, however, at a previous point I remember
seeing a 3-year implied warranty somewhere but nobody could confirm
that.

In any case, I believe that as the "License Holder", anything built
under your license is assumed to conform to the building code that was
in effect when it was built. In essence, that is a life of the structure
warranty that it conforms to code. It is my guess that both the company
and you are equally liable for code violation claims.

As for non-code violations, you would need to look at federal and state
statutes that involve "implied warranties". I believe a 3-year warranty
is set forth somewhere but like I said nobody in this forum could find
it a few years back.

Next job get a hold harmless indemnification.

Alex Koskey, Pres.
Koskey Corporation, Inc.
Florida Lic. QB23244
Cell: (850) 585-7883
Fax:  (850) 654-9812
E-Mail: AKoskey at cox.net
Web: www.KoskeyHomes.com

----- Original Message -----
From: "st" <smfarmer at tampabay.rr.com>
To: <codetalk at myfloridacode.com>
Sent: Monday, December 08, 2008 12:44 PM
Subject: [Florida Code Talk] Warranty

> The day after Thanksgiving I received a package from my former
employer -
> for who I was the qualifying agent for about 12 years - and was let go
> without any kind of notice or servants package this past February.
>
> The package included a complaint he filed with the Construction board
in
> Florida regarding 2 houses for which they had received warranty
complaints
> from the homeowners, the houses received their co's back in 2006, they
> were
> spec homes and he did not sell until the end of 2007, and the
complaints
> only happened in 2008, after my having been let go.  He feels I am
still
> responsible for the houses as far as warranty, can anyone tell me what
our
> codes or statutes say about this as I can not seem to find anything
> specific.
>

------------------------------

Message: 3
Date: Mon, 8 Dec 2008 15:16:20 EST
From: WR290 at aol.com
Subject: Re: [Florida Code Talk] Warranty
To: akoskey at cox.net, smfarmer at tampabay.rr.com,
        codetalk at myfloridacode.com
Message-ID: <cfe.468dcb5b.366eda94 at aol.com>
Content-Type: text/plain; charset="us-ascii"

The 3 year is in the condo statute, I believe the implied warranty or 
expressed warranty  in normal construction is either 11 years or 15
years.  Bob
Koning knows this answer.

Tom Ricci

In a message dated 12/8/2008 3:11:00 P.M. Eastern Standard Time, 
akoskey at cox.net writes:

I looked  for statutes involving construction warranties a few years
back and

couldn't find anything, however, at a previous point I remember seeing a

3-year implied warranty somewhere but nobody could confirm that.

In  any case, I believe that as the "License Holder", anything built
under 
your license is assumed to conform to the building code that was in
effect 
when it was built. In essence, that is a life of the structure warranty
that
it conforms to code. It is my guess that both the company and you are 
equally liable for code violation claims.

As for non-code  violations, you would need to look at federal and state
statutes that  involve "implied warranties". I believe a 3-year warranty
is
set forth  somewhere but like I said nobody in this forum could find it
a few
years  back.

Next job get a hold harmless indemnification.

Alex Koskey,  Pres.
Koskey Corporation, Inc.
Florida Lic. QB23244
Cell: (850)  585-7883
Fax:  (850) 654-9812
E-Mail: AKoskey at cox.net
Web:  www.KoskeyHomes.com

----- Original Message -----
From: "st"  <smfarmer at tampabay.rr.com>
To:  <codetalk at myfloridacode.com>
Sent: Monday, December 08, 2008 12:44  PM
Subject: [Florida Code Talk] Warranty

> The day after  Thanksgiving I received a package from my former
employer -
> for who I  was the qualifying agent for about 12 years - and was let
go
> without  any kind of notice or servants package this past February.
>
> The  package included a complaint he filed with the Construction board
in
>  Florida regarding 2 houses for which they had received warranty
complaints
> from the homeowners, the houses received their co's back in  2006,
they
> were
> spec homes and he did not sell until the end  of 2007, and the
complaints
> only happened in 2008, after my having  been let go.  He feels I am
still
> responsible for the houses as  far as warranty, can anyone tell me
what our
> codes or statutes say  about this as I can not seem to find anything
>  specific.
>

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------------------------------

Message: 4
Date: Mon, 8 Dec 2008 20:55:05 GMT
From: "bergquist_services at juno.com" <bergquist_services at juno.com>
Subject: Re: [Florida Code Talk] Warranty
To: akoskey at cox.net
Cc: codetalk at myfloridacode.com, smfarmer at tampabay.rr.com
Message-ID: <20081208.155505.25950.0 at webmail06.vgs.untd.com>
Content-Type: text/plain; charset="windows-1252"

Gentlemen:
You don't specify in your letter if you are the "financially
responsible" individual, or just the qualifying agent. I would suggest
that if the extent of your employment was simply as an employee, (as
your letter seems to indicate) and that you had no financial
responsibility for this company, you make sure that your work conformed
to code standards (at the time of permitting) and then have another more
informed discussion with your former employer. Warrantee work may fall
to the construction company, not the qualifying agent/employee.
Best of luck.
Mary Bergquist

-- "Al Koskey" <akoskey at cox.net> wrote:
I looked for statutes involving construction warranties a few years back
and
couldn't find anything, however, at a previous point I remember seeing a
3-year implied warranty somewhere but nobody could confirm that.

In any case, I believe that as the "License Holder", anything built
under
your license is assumed to conform to the building code that was in
effect
when it was built. In essence, that is a life of the structure warranty
that
it conforms to code. It is my guess that both the company and you are
equally liable for code violation claims.

As for non-code violations, you would need to look at federal and state
statutes that involve "implied warranties". I believe a 3-year warranty
is
set forth somewhere but like I said nobody in this forum could find it a
few
years back.

Next job get a hold harmless indemnification.

Alex Koskey, Pres.
Koskey Corporation, Inc.
Florida Lic. QB23244
Cell: (850) 585-7883
Fax:  (850) 654-9812
E-Mail: AKoskey at cox.net
Web: www.KoskeyHomes.com

----- Original Message -----
From: "st" <smfarmer at tampabay.rr.com>
To: <codetalk at myfloridacode.com>
Sent: Monday, December 08, 2008 12:44 PM
Subject: [Florida Code Talk] Warranty

> The day after Thanksgiving I received a package from my former
employer -
> for who I was the qualifying agent for about 12 years - and was let go
> without any kind of notice or servants package this past February.
>
> The package included a complaint he filed with the Construction board
in
> Florida regarding 2 houses for which they had received warranty
complaints
> from the homeowners, the houses received their co's back in 2006, they
> were
> spec homes and he did not sell until the end of 2007, and the
complaints
> only happened in 2008, after my having been let go.  He feels I am
still
> responsible for the houses as far as warranty, can anyone tell me what
our
> codes or statutes say about this as I can not seem to find anything
> specific.
>

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Unsubscribe or change your options at:
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Message: 5
Date: Mon, 8 Dec 2008 14:58:48 -0600
From: "Al Koskey" <akoskey at cox.net>
Subject: Re: [Florida Code Talk] Warranty
To: <WR290 at aol.com>, <smfarmer at tampabay.rr.com>,
        <codetalk at myfloridacode.com>
Message-ID: <1F13F6F45AA04064B5D5BE39DFAEC509 at KoskeysPc>
Content-Type: text/plain; charset="iso-8859-1"

Thanks tom, I knew I saw it.

 718.203  Warranties.--
(1)  The developer shall be deemed to have granted to the purchaser of
each unit an implied warranty of fitness and merchantability for the
purposes or uses intended as follows:

(a)  As to each unit, a warranty for 3 years commencing with the
completion of the building containing the unit.

  ----- Original Message -----
  From: WR290 at aol.com
  To: akoskey at cox.net ; smfarmer at tampabay.rr.com ;
codetalk at myfloridacode.com
  Sent: Monday, December 08, 2008 2:16 PM
  Subject: Re: [Florida Code Talk] Warranty

  The 3 year is in the condo statute, I believe the implied warranty or
expressed warranty  in normal construction is either 11 years or 15
years. Bob Koning knows this answer.

  Tom Ricci

  In a message dated 12/8/2008 3:11:00 P.M. Eastern Standard Time,
akoskey at cox.net writes:
    I looked for statutes involving construction warranties a few years
back and
    couldn't find anything, however, at a previous point I remember
seeing a
    3-year implied warranty somewhere but nobody could confirm that.

    In any case, I believe that as the "License Holder", anything built
under
    your license is assumed to conform to the building code that was in
effect
    when it was built. In essence, that is a life of the structure
warranty that
    it conforms to code. It is my guess that both the company and you
are
    equally liable for code violation claims.

    As for non-code violations, you would need to look at federal and
state
    statutes that involve "implied warranties". I believe a 3-year
warranty is
    set forth somewhere but like I said nobody in this forum could find
it a few
    years back.

    Next job get a hold harmless indemnification.

    Alex Koskey, Pres.
    Koskey Corporation, Inc.
    Florida Lic. QB23244
    Cell: (850) 585-7883
    Fax:  (850) 654-9812
    E-Mail: AKoskey at cox.net
    Web: www.KoskeyHomes.com

    ----- Original Message -----
    From: "st" <smfarmer at tampabay.rr.com>
    To: <codetalk at myfloridacode.com>
    Sent: Monday, December 08, 2008 12:44 PM
    Subject: [Florida Code Talk] Warranty

    > The day after Thanksgiving I received a package from my former
employer -
    > for who I was the qualifying agent for about 12 years - and was
let go
    > without any kind of notice or servants package this past February.
    >
    > The package included a complaint he filed with the Construction
board in
    > Florida regarding 2 houses for which they had received warranty
complaints
    > from the homeowners, the houses received their co's back in 2006,
they
    > were
    > spec homes and he did not sell until the end of 2007, and the
complaints
    > only happened in 2008, after my having been let go.  He feels I am
still
    > responsible for the houses as far as warranty, can anyone tell me
what our
    > codes or statutes say about this as I can not seem to find
anything
    > specific.
    >

    _______________________________________________
    CodeTalk mailing list
    CodeTalk at myfloridacode.com
    Unsubscribe or change your options at:
    http://myfloridacode.com/mailman/listinfo/codetalk

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