Although not stated, it seems that this statute is geared more toward the new construction, or development, instead of remodeling or improvement. That being said, I do not agree with the Legislature's premise that "minor" disputes pose a "serious impediment" in transferring title. If it is minor, a bond would generally ease the transfer. I also feel that requiring arbitration that quickly will increase the costs too quickly - especially on smaller liens - making it even more difficult to resolve the dispute amicably. Also, in trying to deal with property facing undersecured liens, a pro rata concept is interesting. To me, that only makes sense if there are time priority issues. Perhaps in NJ all of the liens relate back to a common time. However, that only seems logical in new construction or with only one project being performed. It does not seem workable if there are multiple contracts or, e.g. NOC's, for different aspects of the project. Paul Paul S. Martin, Esq. Law Offices of Paul S. Martin & Associates, P.A. 2134 Hollywood Boulevard Hollywood, FL 33020 USA Phone 954.923.4604 Telefax 954.923.6545 ___________________________ This message is intended only for the use of the individual or entity to which it is directed. The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of this communication may be subject to legal restriction or sanction. If you think that you have received this E-mail message in error, please immediately reply to the sender. In a message dated 6/14/2011 12:10:43 P.M. Eastern Daylight Time, Leiby@mkpalaw.com writes: We hear from time to time that residential (Ma & Pa) construction liens should be treated differently from the typical commercial lien. The next time we hear about that we may want to look at something akin to what New Jersey implemented in January, 2011, copy attached. I just put it out there for reaction from the committee, without recommendation for or against. If it were to be considered, it would need a little surgery to make it comport with Florida procedure. I just found it interesting and thought I would share. Regards, Larry R. Leiby, Esq. Malka & Kravitz, P.A. 1300 Sawgrass Corp. Pkwy., Suite 100 Ft. Lauderdale, FL 33323 Phone: 954-514-0984 Fax: 954-514-0985 e-mail: leiby@mkpalaw.com Board Certified in Construction Law Certified Circuit Court Civil Mediator Fellow, College of Commercial Arbitrators _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw