MyFloridaCode.com

Tue Dec 9 13:58:06 EST 2008

FYI

Rule 61G4-17.001(14), Florida Administrative Code, defines "  incompetency or 
misconduct in the practice of contracting . . . " to include,  "but not 
limited to": 
(a)  Failure to honor a  warranty. 
(b)  Violation of any provision of Chapter  61G4, F.A.C., or Chapter 489, 
Part I, F.S. 
(c)  Failure to abide by the terms of a  mediation agreement. 
I would suggest a consult with an attorney 

Tom Ricci 

In a message dated 12/9/2008 1:48:59 P.M. Eastern Standard Time,  
dgrimes at SkyeTec.com writes:

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.
>

_______________________________________________
CodeTalk  mailing list
CodeTalk at myfloridacode.com
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.
>

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