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COMMON IDENTITY / COMMON CONTROL QUESTION

RPPTL CLC-Discussion

Mon, Oct 2, 2023 7:42 PM

Here’s one I haven’t seen in a long time….

I represent the GC.

GC has contract with “Owner”.

The Director of the “Owner” is also the Manager of the LLC that owns the fee title to the property (“Fee Owner”).

Upon my review of the information provided by the GC, I discovered the discrepancy between the Owner and Fee Owner.

GC indicates that the manager of the Fee Owner and the executive director of the contracted Owner has been involved in every meeting and has personal knowledge of the project and is directing the GC.

Of course, GC did not serve an NTO (time is now expired).

GC wants to file a lien. Obviously, very hesitant to do this but I do recall this common identity / common control argument.

Any insight on this one?

Thanks all.

[cid:image001.jpg@01D9F53E.A8A344B0]https://www.qpwblaw.com/
Michael J. Barker
|
Partner
Quintairos, Prieto, Wood & Boyer, P.A.
12428 San Jose Blvd., Suite 1
,
Jacksonville
,
FL

32223
Email: mbarker@qpwblaw.com mailto:mbarker@qpwblaw.com

Web: www.qpwblaw.com https://www.qpwblaw.com/
Mobile: (904) 226-3660tel:(904)%20226-3660

[cid:image002.jpg@01D9F53E.A8A344B0]

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NOTICE: Quintairos, Prieto, Wood & Boyer, P. A. is a debt collector and any information obtained may be used for that purpose. 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 attachments to it. If you received this e-mail in error, please notify us immediately by return e-mail or by telephone at (855)287-0240 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 Quintairos, Prieto Wood & Boyer, P. A.

Here’s one I haven’t seen in a long time…. I represent the GC. GC has contract with “Owner”. The Director of the “Owner” is also the Manager of the LLC that owns the fee title to the property (“Fee Owner”). Upon my review of the information provided by the GC, I discovered the discrepancy between the Owner and Fee Owner. GC indicates that the manager of the Fee Owner and the executive director of the contracted Owner has been involved in every meeting and has personal knowledge of the project and is directing the GC. Of course, GC did not serve an NTO (time is now expired). GC wants to file a lien. Obviously, very hesitant to do this but I do recall this common identity / common control argument. Any insight on this one? Thanks all. [cid:image001.jpg@01D9F53E.A8A344B0]<https://www.qpwblaw.com/> Michael J. Barker | Partner Quintairos, Prieto, Wood & Boyer, P.A. 12428 San Jose Blvd., Suite 1 , Jacksonville , FL 32223 Email: mbarker@qpwblaw.com<mailto:mbarker@qpwblaw.com> Web: www.qpwblaw.com<https://www.qpwblaw.com/> Mobile: (904) 226-3660<tel:(904)%20226-3660> [cid:image002.jpg@01D9F53E.A8A344B0] Arizona ◆ California ◆ Colorado ◆ Connecticut ◆ Florida ◆ Georgia ◆ Illinois ◆ Indiana ◆ Kentucky ◆ Louisiana ◆ Maryland Massachusetts ◆ Michigan ◆ Mississippi ◆ Nevada ◆ New Jersey ◆ New York ◆ Rhode Island ◆ Tennessee ◆ Texas ◆ USVI NOTICE: Quintairos, Prieto, Wood & Boyer, P. A. is a debt collector and any information obtained may be used for that purpose. 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 attachments to it. If you received this e-mail in error, please notify us immediately by return e-mail or by telephone at (855)287-0240 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 Quintairos, Prieto Wood & Boyer, P. A.

RPPTL CLC-Discussion

Mon, Oct 2, 2023 7:49 PM

Try these cases:

C.L. Whiteside & Assocs. Constr. Co. v. Landings Joint Venture, 626 So. 2d 1051, 1053 (Fla. Dist. Ct. App. 4th Dist. 1993)http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=626+So.+2d+1051%2520at%25201053; see also Aetna Casualty & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992)http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=594+So.+2d+280.

Davisson Dunlap, III
Fla. Bar Board Certified – Construction Law
Fla. S. Court Certified Mediator - Circuit Civil
Dunlap & Shipman P.A.
Tallahassee-Santa Rosa Beach
2065 Thomasville Rd., Ste. 102
Tallahassee, FL 32308
davissoniii@dunlapshipman.com mailto:davissoniii@dunlapshipman.com
dunlapandshipman.com
850-385-5000
[cid:image003.png@01D9F547.F5F61A90][cid:image004.jpg@01D9F547.F5F61A90]

This communication is confidential and privileged under the attorney-client or attorney work-product privilege(s). If you receive this communication, and you are not the intended recipient, please delete the communication without reading it, and immediately notify davissoniii@dunlapshipman.com mailto:davissoniii@dunlapshipman.com of the inadvertent delivery.

COLLECTION OF DEBTS: A part of our practice involves the collection of debts for our clients. This notice is for those from whom we are seeking to collect a claimed debt. This communication is from a debt collector, is an attempt to collect a debt and any information obtained as a result of this letter or further communications with this office will be used for the purpose of collection of a debt.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, October 2, 2023 3:42 PM
To: RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] COMMON IDENTITY / COMMON CONTROL QUESTION

Here’s one I haven’t seen in a long time….

I represent the GC.

GC has contract with “Owner”.

The Director of the “Owner” is also the Manager of the LLC that owns the fee title to the property (“Fee Owner”).

Upon my review of the information provided by the GC, I discovered the discrepancy between the Owner and Fee Owner.

GC indicates that the manager of the Fee Owner and the executive director of the contracted Owner has been involved in every meeting and has personal knowledge of the project and is directing the GC.

Of course, GC did not serve an NTO (time is now expired).

GC wants to file a lien. Obviously, very hesitant to do this but I do recall this common identity / common control argument.

Any insight on this one?

Thanks all.

[cid:image005.jpg@01D9F547.F5F61A90]https://www.qpwblaw.com/
Michael J. Barker
|
Partner
Quintairos, Prieto, Wood & Boyer, P.A.
12428 San Jose Blvd., Suite 1
,
Jacksonville
,
FL

32223
Email: mbarker@qpwblaw.com mailto:mbarker@qpwblaw.com

Web: www.qpwblaw.com https://www.qpwblaw.com/
Mobile: (904) 226-3660tel:(904)%20226-3660

[cid:image006.jpg@01D9F547.F5F61A90]

Try these cases: C.L. Whiteside & Assocs. Constr. Co. v. Landings Joint Venture, 626 So. 2d 1051, 1053 (Fla. Dist. Ct. App. 4th Dist. 1993)<http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=626+So.+2d+1051%2520at%25201053>; see also Aetna Casualty & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992)<http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=594+So.+2d+280>. ________________ Davisson Dunlap, III Fla. Bar Board Certified – Construction Law Fla. S. Court Certified Mediator - Circuit Civil Dunlap & Shipman P.A. Tallahassee-Santa Rosa Beach 2065 Thomasville Rd., Ste. 102 Tallahassee, FL 32308 davissoniii@dunlapshipman.com<mailto:davissoniii@dunlapshipman.com> dunlapandshipman.com 850-385-5000 [cid:image003.png@01D9F547.F5F61A90][cid:image004.jpg@01D9F547.F5F61A90] *** This communication is confidential and privileged under the attorney-client or attorney work-product privilege(s). If you receive this communication, and you are not the intended recipient, please delete the communication without reading it, and immediately notify davissoniii@dunlapshipman.com<mailto:davissoniii@dunlapshipman.com> of the inadvertent delivery. COLLECTION OF DEBTS: A part of our practice involves the collection of debts for our clients. This notice is for those from whom we are seeking to collect a claimed debt. This communication is from a debt collector, is an attempt to collect a debt and any information obtained as a result of this letter or further communications with this office will be used for the purpose of collection of a debt. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Monday, October 2, 2023 3:42 PM To: RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] COMMON IDENTITY / COMMON CONTROL QUESTION Here’s one I haven’t seen in a long time…. I represent the GC. GC has contract with “Owner”. The Director of the “Owner” is also the Manager of the LLC that owns the fee title to the property (“Fee Owner”). Upon my review of the information provided by the GC, I discovered the discrepancy between the Owner and Fee Owner. GC indicates that the manager of the Fee Owner and the executive director of the contracted Owner has been involved in every meeting and has personal knowledge of the project and is directing the GC. Of course, GC did not serve an NTO (time is now expired). GC wants to file a lien. Obviously, very hesitant to do this but I do recall this common identity / common control argument. Any insight on this one? Thanks all. [cid:image005.jpg@01D9F547.F5F61A90]<https://www.qpwblaw.com/> Michael J. Barker | Partner Quintairos, Prieto, Wood & Boyer, P.A. 12428 San Jose Blvd., Suite 1 , Jacksonville , FL 32223 Email: mbarker@qpwblaw.com<mailto:mbarker@qpwblaw.com> Web: www.qpwblaw.com<https://www.qpwblaw.com/> Mobile: (904) 226-3660<tel:(904)%20226-3660> [cid:image006.jpg@01D9F547.F5F61A90] Arizona ◆ California ◆ Colorado ◆ Connecticut ◆ Florida ◆ Georgia ◆ Illinois ◆ Indiana ◆ Kentucky ◆ Louisiana ◆ Maryland Massachusetts ◆ Michigan ◆ Mississippi ◆ Nevada ◆ New Jersey ◆ New York ◆ Rhode Island ◆ Tennessee ◆ Texas ◆ USVI NOTICE: Quintairos, Prieto, Wood & Boyer, P. A. is a debt collector and any information obtained may be used for that purpose. 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 attachments to it. If you received this e-mail in error, please notify us immediately by return e-mail or by telephone at (855)287-0240 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 Quintairos, Prieto Wood & Boyer, P. A.