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LT

leslie.tomczak (at) akerman.com

Wed, Aug 17, 2016 7:41 PM

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC?
I know that this happens all the time……. any insight? Thx in advance!

Leslie Miller Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

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CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06<http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html>(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC? I know that this happens all the time……. any insight? Thx in advance! Leslie Miller Tomczak, LEED AP Board Certified by The Florida Bar in Construction Law Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> [cid:imagede01d1.JPG@c6f7077e.44aaf911] vCard<http://www.akerman.com/bios/vcard.asp?id=673> | Bio<http://www.akerman.com/bios/bio.asp?id=673> <http://www.akerman.com/> [http://www.akerman.com/akermansig.jpg] CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

FD

Fred Dudley

Wed, Aug 17, 2016 8:10 PM

I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense.

Fred R. Dudley, Managing Member
Board Certified Construction Lawyer
Dudley, Sellers, Healy & Heath, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com
Sent: Wednesday, August 17, 2016 3:51 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC?
I know that this happens all the time……. any insight? Thx in advance!

Leslie Miller Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

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vCardhttp://www.akerman.com/bios/vcard.asp?id=673 | Biohttp://www.akerman.com/bios/bio.asp?id=673
http://www.akerman.com/

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CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense. Fred R. Dudley, Managing Member Board Certified Construction Lawyer Dudley, Sellers, Healy & Heath, P. L. SunTrust Financial Center, Suite 301 3522 Thomasville Road Tallahassee, Florida 32308 Cell: (850) 294-3471 Direct: (850)692-6368 dudley@mylicenselaw.com From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com Sent: Wednesday, August 17, 2016 3:51 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06<http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html>(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC? I know that this happens all the time……. any insight? Thx in advance! Leslie Miller Tomczak, LEED AP Board Certified by The Florida Bar in Construction Law Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> [cid:imagede01d1.JPG@c6f7077e.44aaf911] vCard<http://www.akerman.com/bios/vcard.asp?id=673> | Bio<http://www.akerman.com/bios/bio.asp?id=673> <http://www.akerman.com/> [http://www.akerman.com/akermansig.jpg]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

EK

Ed Kinberg

Wed, Aug 17, 2016 8:55 PM

Notice of Recommencement is part of the proper procedure but the client needs to comply with 713.06(3)(c)5 which requires compliance with the following paragraph, (d) 1 in the statute.

[http://uslegalteam.com/WMLOGO.png]http://uslegalteam.com

http://legalteamusa.net/zwm-florida-today-business-of-the-year/

Ed Kinberg, Attorney at Law
1990 W New Haven Ave Ste. 201
Melbourne, Florida 32904
(321) 255-2332 (321) 255-2351

[https://zwmlegal.com/emailsig/pri.jpg]http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm

NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley
Sent: Wednesday, August 17, 2016 4:11 PM
To: leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense.

Fred R. Dudley, Managing Member
Board Certified Construction Lawyer
Dudley, Sellers, Healy & Heath, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com mailto:dudley@mylicenselaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Wednesday, August 17, 2016 3:51 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC?
I know that this happens all the time……. any insight? Thx in advance!

Leslie Miller Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

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vCardhttp://www.akerman.com/bios/vcard.asp?id=673 | Biohttp://www.akerman.com/bios/bio.asp?id=673

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CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Notice of Recommencement is part of the proper procedure but the client needs to comply with 713.06(3)(c)5 which requires compliance with the following paragraph, (d) 1 in the statute. [http://uslegalteam.com/WMLOGO.png]<http://uslegalteam.com> <http://legalteamusa.net/zwm-florida-today-business-of-the-year/> Ed Kinberg, Attorney at Law 1990 W New Haven Ave Ste. 201 Melbourne, Florida 32904 (321) 255-2332 (321) 255-2351 [https://zwmlegal.com/emailsig/pri.jpg]<http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm> NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley Sent: Wednesday, August 17, 2016 4:11 PM To: leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense. Fred R. Dudley, Managing Member Board Certified Construction Lawyer Dudley, Sellers, Healy & Heath, P. L. SunTrust Financial Center, Suite 301 3522 Thomasville Road Tallahassee, Florida 32308 Cell: (850) 294-3471 Direct: (850)692-6368 dudley@mylicenselaw.com<mailto:dudley@mylicenselaw.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> Sent: Wednesday, August 17, 2016 3:51 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06<http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html>(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC? I know that this happens all the time……. any insight? Thx in advance! Leslie Miller Tomczak, LEED AP Board Certified by The Florida Bar in Construction Law Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> [cid:image002.jpg@01D1F8A7.F2E92E90] vCard<http://www.akerman.com/bios/vcard.asp?id=673> | Bio<http://www.akerman.com/bios/bio.asp?id=673> [http://www.akerman.com/akermansig.jpg]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

LL

Larry Leiby

Wed, Aug 17, 2016 9:18 PM

You could go through the affidavit of abandonment process with notice of recommencement.

While not as tidy, if your client is going to enter into a new contract for the completion contractor, and he/she is going to enter into new subcontracts (even if with prior subs) you could simply do a new NOC for the completion contract with liens under that completion contract attaching as of the new NOC.

Regards,
Larry R. Leiby, Esq.
Of Counsel
Malka & Kravitz, P.A.
Suite 100, 1300 Sawgrass Corporate Parkway
Sunrise, FL 33323
Office: 954-514-0984 Cell 954-895-9198
e-mail: leiby@MKPAlaw.com website: www.MKPAlaw.com
Florida Bar Board Certified Construction Law Expert
Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator
Fellow, College of Commercial Arbitrators Fellow, American Law Society

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Ed Kinberg
Sent: Wednesday, August 17, 2016 4:56 PM
To: Fred Dudley; leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

Notice of Recommencement is part of the proper procedure but the client needs to comply with 713.06(3)(c)5 which requires compliance with the following paragraph, (d) 1 in the statute.

[http://uslegalteam.com/WMLOGO.png]http://uslegalteam.com

Ed Kinberg, Attorney at Law
1990 W New Haven Ave Ste. 201
Melbourne, Florida 32904
(321) 255-2332 (321) 255-2351

[https://zwmlegal.com/emailsig/pri.jpg]http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm

NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley
Sent: Wednesday, August 17, 2016 4:11 PM
To: leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense.

Fred R. Dudley, Managing Member
Board Certified Construction Lawyer
Dudley, Sellers, Healy & Heath, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com mailto:dudley@mylicenselaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Wednesday, August 17, 2016 3:51 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC?
I know that this happens all the time……. any insight? Thx in advance!

Leslie Miller Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

[cid:imagede01d1.JPG@c6f7077e.44aaf911]

vCardhttp://www.akerman.com/bios/vcard.asp?id=673 | Biohttp://www.akerman.com/bios/bio.asp?id=673

[http://www.akerman.com/akermansig.jpg]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

You could go through the affidavit of abandonment process with notice of recommencement. While not as tidy, if your client is going to enter into a new contract for the completion contractor, and he/she is going to enter into new subcontracts (even if with prior subs) you could simply do a new NOC for the completion contract with liens under that completion contract attaching as of the new NOC. Regards, Larry R. Leiby, Esq. Of Counsel Malka & Kravitz, P.A. Suite 100, 1300 Sawgrass Corporate Parkway Sunrise, FL 33323 Office: 954-514-0984 Cell 954-895-9198 e-mail: leiby@MKPAlaw.com website: www.MKPAlaw.com Florida Bar Board Certified Construction Law Expert Florida Supreme Court Certified Circuit Civil Mediator IMI Certifed International Mediator Fellow, College of Commercial Arbitrators Fellow, American Law Society From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Ed Kinberg Sent: Wednesday, August 17, 2016 4:56 PM To: Fred Dudley; leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement Notice of Recommencement is part of the proper procedure but the client needs to comply with 713.06(3)(c)5 which requires compliance with the following paragraph, (d) 1 in the statute. [http://uslegalteam.com/WMLOGO.png]<http://uslegalteam.com> Ed Kinberg, Attorney at Law 1990 W New Haven Ave Ste. 201 Melbourne, Florida 32904 (321) 255-2332 (321) 255-2351 [https://zwmlegal.com/emailsig/pri.jpg]<http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm> NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Dudley Sent: Wednesday, August 17, 2016 4:11 PM To: leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement I believe the proper procedure in such cases, is to file a Notice of Re-Commencement naming the new contractor, in order to also preserve the owner’s “proper payment” defense. Fred R. Dudley, Managing Member Board Certified Construction Lawyer Dudley, Sellers, Healy & Heath, P. L. SunTrust Financial Center, Suite 301 3522 Thomasville Road Tallahassee, Florida 32308 Cell: (850) 294-3471 Direct: (850)692-6368 dudley@mylicenselaw.com<mailto:dudley@mylicenselaw.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> Sent: Wednesday, August 17, 2016 3:51 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] FW: Question about Terminating a Notice of Commencement Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06<http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html>(4).” What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"? We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work. What should Owner do re: the old NOC? I know that this happens all the time……. any insight? Thx in advance! Leslie Miller Tomczak, LEED AP Board Certified by The Florida Bar in Construction Law Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> [cid:imagede01d1.JPG@c6f7077e.44aaf911] vCard<http://www.akerman.com/bios/vcard.asp?id=673> | Bio<http://www.akerman.com/bios/bio.asp?id=673> [http://www.akerman.com/akermansig.jpg]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 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