Arnie's Construction Law Christmas Haikus
Record a lien today
Courthouse closed for Christmas
Seagulls commiserate in the empty parking lot
Feeling inadequate and insufficient
Snowflakes fall onto the project's plans and specifications
Spearin cries
Termination for convenience
Bad faith permeates the air
Like the cheap cologne Hardy will find in his stocking
Arnold D. Tritt, Jr.
Board Certified Construction Attorney
[TrittAssociates_Logo_CMYK]
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Arnold.Tritt@atritt.com mailto:%5Be-mail%5D
www.atritt.comhttp://www.atritt.com/
[cid:image002.jpg@01CD495E.F80716A0]
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Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
But the Haiku Form
Which Arnie Claimed now to write
He didn't follow
Bruce D. Partington
Clark, Partington, Hart, Larry
Bond & Stackhouse
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold Tritt
Sent: Wednesday, December 23, 2015 10:55 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
Record a lien today
Courthouse closed for Christmas
Seagulls commiserate in the empty parking lot
Feeling inadequate and insufficient
Snowflakes fall onto the project's plans and specifications
Spearin cries
Termination for convenience
Bad faith permeates the air
Like the cheap cologne Hardy will find in his stocking
Arnold D. Tritt, Jr.
Board Certified Construction Attorney
[TrittAssociates_Logo_CMYK]
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Arnold.Tritt@atritt.com mailto:%5Be-mail%5D
www.atritt.comhttp://www.atritt.com/
[cid:image002.jpg@01CD495E.F80716A0]
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
[image1.JPG]
On Dec 23, 2015, at 12:04 PM, Bruce Partington <bparting@cphlaw.commailto:bparting@cphlaw.com> wrote:
But the Haiku Form
Which Arnie Claimed now to write
He didn’t follow
Bruce D. Partington
Clark, Partington, Hart, Larry
Bond & Stackhouse
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold Tritt
Sent: Wednesday, December 23, 2015 10:55 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
Record a lien today
Courthouse closed for Christmas
Seagulls commiserate in the empty parking lot
Feeling inadequate and insufficient
Snowflakes fall onto the project’s plans and specifications
Spearin cries
Termination for convenience
Bad faith permeates the air
Like the cheap cologne Hardy will find in his stocking
Arnold D. Tritt, Jr.
Board Certified Construction Attorney
<image001.jpg>
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Arnold.Tritt@atritt.com mailto:%5Be-mail%5D
www.atritt.comhttp://www.atritt.com/
<image002.jpg>
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
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Thank you for that
You guys are both good but google
"Images" by Tyrone Green
Timothy R. Moorhead, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead@wfmblaw.com
www.wfmblaw.com
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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Roberts, Hardy L.
Sent: Wednesday, December 23, 2015 12:18 PM
To: Bruce Partington
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
[image1.JPG]
On Dec 23, 2015, at 12:04 PM, Bruce Partington <bparting@cphlaw.commailto:bparting@cphlaw.com> wrote:
But the Haiku Form
Which Arnie Claimed now to write
He didn't follow
Bruce D. Partington
Clark, Partington, Hart, Larry
Bond & Stackhouse
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold Tritt
Sent: Wednesday, December 23, 2015 10:55 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
Record a lien today
Courthouse closed for Christmas
Seagulls commiserate in the empty parking lot
Feeling inadequate and insufficient
Snowflakes fall onto the project's plans and specifications Spearin cries
Termination for convenience
Bad faith permeates the air
Like the cheap cologne Hardy will find in his stocking
Arnold D. Tritt, Jr.
Board Certified Construction Attorney
<image001.jpg>
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Arnold.Tritt@atritt.com mailto:%5Be-mail%5D www.atritt.comhttp://www.atritt.com/
<image002.jpg>
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
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I have a GC client that got caught up in a checking cashing scheme. The client paid a sub who went to a check cashing store and cashed the checks. The sub was arrested and the money was confiscated. Anyone familiar with this situation and/or familiar with the UCC requirements to pay the check cashing store? An attorney familiar with the banking statutes and regulations would be helpful.
Jeffrey R. Eisensmith
Jeffrey R. Eisensmith, P.A.
5561 North University Drive, Suite 103
Coral Springs, Florida 33067
Telephone: 954-523-7601
Telefax: 754-242-9752
Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at 954-523-7601, immediately delete this e-mail communication from any computer and destroy all physical copies of same.
I don't pretend to be a banking expert, which may be why I don't understand
the problem. Client wrote the check, which was cashed. That means the GC has
to pay the check when tendered. I don't see that being altered by the fact
that the money was confiscated. The sub could just as easily spent the money
on slow horses; the results would be the same. It doesn't seem to me to be a
UCC Article 3 or 4 issue at all.
Although you didn't say, I suspect the real problem is that the sub isn't
going to pay sub-subs or suppliers and the GC didn't get lien waivers or
interim affidavits. If that be the case, I think the GC may very well have
to pay twice as to any sub-subs or suppliers who have lien rights.
Langfred W. White, Esq.
Board Certified in Construction Law
The Law Offices of Langfred W. White, PA
P. O. Box 8334
Clearwater, FL 33758-8334
Phone: (727) 422-5064
email: lan@lwwhiteattorney.com
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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey
Eisensmith
Sent: Tuesday, August 23, 2016 3:33 PM
To: Timothy R. Moorhead; Roberts, Hardy L.; Bruce Partington
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
I have a GC client that got caught up in a checking cashing scheme. The
client paid a sub who went to a check cashing store and cashed the checks.
The sub was arrested and the money was confiscated. Anyone familiar with
this situation and/or familiar with the UCC requirements to pay the check
cashing store? An attorney familiar with the banking statutes and
regulations would be helpful.
Jeffrey R. Eisensmith
Jeffrey R. Eisensmith, P.A.
5561 North University Drive, Suite 103
Coral Springs, Florida 33067
Telephone: 954-523-7601
Telefax: 754-242-9752
Notice of Confidentiality: This e-mail communication and the attachment(s)
hereto, are intended solely for the information and use of the addressee(s)
identified above and may contain information which is legally privileged
from disclosure and/or otherwise confidential. If a recipient of this e-mail
communication is not an addressee (or authorized representative of an
addressee), such recipient is hereby advised that any review, disclosure,
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Been a few years since commercial law but check out Fla. Stats. s. 673.3021 (definition of "holder in due course") and s. 673.3051(2) (rights of holder in due course to enforce instrument and what defenses are available to the obligor). Basically, the check cashing store is likely a Holder in Due Course under the UCC which means they took the check as a negotiable instrument for value without notice of any underlying defense to enforceability of the check. Per statute cited, defenses limited to narrow class (e.g., infancy, duress, fraud in connection with original issuance of check or discharge in bankruptcy).
Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com
-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeffrey Eisensmith
Sent: Tuesday, August 23, 2016 3:33 PM
To: Timothy R. Moorhead; Roberts, Hardy L.; Bruce Partington
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Arnie's Construction Law Christmas Haikus
I have a GC client that got caught up in a checking cashing scheme. The client paid a sub who went to a check cashing store and cashed the checks. The sub was arrested and the money was confiscated. Anyone familiar with this situation and/or familiar with the UCC requirements to pay the check cashing store? An attorney familiar with the banking statutes and regulations would be helpful.
Jeffrey R. Eisensmith
Jeffrey R. Eisensmith, P.A.
5561 North University Drive, Suite 103
Coral Springs, Florida 33067
Telephone: 954-523-7601
Telefax: 754-242-9752
Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at 954-523-7601, immediately delete this e-mail communication from any computer and destroy all physical copies of same.
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