Empathy List Archives

clc-discussion@lists.flabarrpptl.org

RPPTL CLC-Discussion

FW: 13.24 Third Party Claimants Under Bond?

Richard A. Burt

Sun, Aug 11, 2013 1:11 PM

From: Richard A. Burt
Sent: Sunday, August 11, 2013 9:05 AM
To: 'Roberts, Hardy L.'
Subject: RE: 13.24 Third Party Claimants Under Bond?

Consider this situation: The materialman, holder of a judgment against his customer (the subcontractor/lienor/transfer bond claimant), garnishes the "debt" owed to the subcontractor (judgment debtor) by the surety (garnishee), the debt being treated as an asset of the subcontractor.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Roberts, Hardy L.
Sent: Saturday, August 10, 2013 2:10 PM
To: CLC Discussion (clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org)
Subject: [CLC-Discussion] FW: 13.24 Third Party Claimants Under Bond?

Please see the request below from Robert Worman...

From: Robert B. Worman [mailto:rbworman@wormanlaw.com]
Sent: Friday, August 09, 2013 10:54 AM
To: Roberts, Hardy L.
Subject: 13.24 Third Party Claimants Under Bond?

Hardy,

Can you circulate this through ListServe for the Construction Law Committee to address?

Please review the attached case which just came out. I would appreciate comments on the dicta at the end of the 2d paragraph as to the theory under which materialman to a lienor would have a claim under the transfer bond.

Anyone want to crawl out on that limb?

Regards,

Robert B. Worman, Esq.
Worman & Sheffler, P.A.
2707 West Fairbanks Avenue
Suite 200
Winter Park, Florida (32789)
P.O. Box 1764
Orlando, Florida 32802
Phone: (407) 843-5353
Fax: (407) 841-9516
e-mail: rworman@wormanlaw.com mailto:rworman@wormanlaw.com

NOTICE:

THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.

TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.

PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: Richard A. Burt Sent: Sunday, August 11, 2013 9:05 AM To: 'Roberts, Hardy L.' Subject: RE: 13.24 Third Party Claimants Under Bond? Consider this situation: The materialman, holder of a judgment against his customer (the subcontractor/lienor/transfer bond claimant), garnishes the "debt" owed to the subcontractor (judgment debtor) by the surety (garnishee), the debt being treated as an asset of the subcontractor. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Roberts, Hardy L. Sent: Saturday, August 10, 2013 2:10 PM To: CLC Discussion (clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>) Subject: [CLC-Discussion] FW: 13.24 Third Party Claimants Under Bond? Please see the request below from Robert Worman... From: Robert B. Worman [mailto:rbworman@wormanlaw.com] Sent: Friday, August 09, 2013 10:54 AM To: Roberts, Hardy L. Subject: 13.24 Third Party Claimants Under Bond? Hardy, Can you circulate this through ListServe for the Construction Law Committee to address? Please review the attached case which just came out. I would appreciate comments on the dicta at the end of the 2d paragraph as to the theory under which materialman to a lienor would have a claim under the transfer bond. Anyone want to crawl out on that limb? Regards, Robert B. Worman, Esq. Worman & Sheffler, P.A. 2707 West Fairbanks Avenue Suite 200 Winter Park, Florida (32789) P.O. Box 1764 Orlando, Florida 32802 Phone: (407) 843-5353 Fax: (407) 841-9516 e-mail: rworman@wormanlaw.com<mailto:rworman@wormanlaw.com> NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A. TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.