Contractor's Subcontracting to Itself to Defeat Lien/Bond Claims
All:
I could swear that someone recently raised a question/initiated a discussion regarding whether a contractor could (be permitted to) essentially subcontract to itself (e.g., an affiliate) for the purpose or with the effect of thereby lowering all other ("true") subcontractors, materialmen, etc. one level in the chain of contracts, such that lien/bond claims of the lowest tiers are defeated under the limitations of applicable lien/bond statutes. If I'm not dreaming, could someone please give me the date(s) or subject lines of that committee thread? Thanks.
[Description: Description: Description: Description: H:\HTML Signature Block\Kirwin Norris Logo.gif]http://www.kirwinnorris.com/
Bryan L. Capps
Partner | Florida Board Certified in Construction Law
Kirwin Norris, P.A.
15 West Church Street
Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
blc@kirwinnorris.commailto:blc@kirwinnorris.com
www.kirwinnorris.comhttp://www.kirwinnorris.com/
[Description: Description: Description: Description: H:\HTML Signature Block\Construction Law.gif]
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Hey CLC friends -
Looking for contract documents or language which discuss Integrated Project
Delivery (IPD), Building Information Management (BIM) or Triple Prime
contracts.
I'd appreciate it if you could share or point me in the right direction.
Thanks and have a great weekend.
Denise
Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments
accompanying it) may contain confidential information belonging to the
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Treasury Department regulations, we hereby advise you that, unless otherwise
expressly stated, any and all tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the use of
any taxpayer for the purpose of evading or avoiding tax penalties that may
be imposed pursuant to U.S. law. Furthermore, unless otherwise expressly
indicated, the use of any tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the purpose
of promoting, marketing, or recommending a partnership or other entity,
investment plan or arrangement to any taxpayer, and such taxpayer should
seek advice on the taxpayer's particular circumstances from an independent
tax advisor.
Replies Filtered: Any incoming reply to this e-mail communication or other
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bryan L.
Capps
Sent: Friday, March 15, 2013 1:06 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Contractor's Subcontracting to Itself to
DefeatLien/Bond Claims
All:
I could swear that someone recently raised a
question/initiated a discussion regarding whether a contractor could (be
permitted to) essentially subcontract to itself (e.g., an affiliate) for the
purpose or with the effect of thereby lowering all other ("true")
subcontractors, materialmen, etc. one level in the chain of contracts, such
that lien/bond claims of the lowest tiers are defeated under the limitations
of applicable lien/bond statutes. If I'm not dreaming, could someone please
give me the date(s) or subject lines of that committee thread? Thanks.
http://www.kirwinnorris.com/ Description: Description: Description:
Description: H:\HTML Signature Block\Kirwin Norris Logo.gif
Bryan L. Capps
Partner | Florida Board Certified in Construction Law
Kirwin Norris, P.A.
15 West Church Street
Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
blc@kirwinnorris.com
www.kirwinnorris.com http://www.kirwinnorris.com/
Description: Description: Description: Description: H:\HTML Signature
Block\Construction Law.gif
This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information. If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.
Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.
Recommendations for a bankruptcy attorney in Ft. Myers would be appreciated.
Thanks,
Robert S. Tanner
Board Certified in Construction Law
MALKA & KRAVITZ, P.A.
1300 Sawgrass Corporate Parkway
Suite 100
Sunrise, FL 33323
Telephone 954-514-0984
Facsimile 954-514-0985
www.YourConstructionLawFirm.comhttp://www.mkpalaw.com/
Can someone recommend a skilled/reputable DUI attorney in Orlando. I
know this isn't a construction problem, but appreciate any feedback.
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the undersigned
by E-MAIL and by telephone and obtain instructions as to the disposal of
the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Denise Hammond
Sent: Friday, March 15, 2013 1:39 PM
To: 'Bryan L. Capps'; clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Contract language for BIM,IPD and Triple Prime
Contracts
Hey CLC friends -
Looking for contract documents or language which discuss Integrated
Project Delivery (IPD), Building Information Management (BIM) or Triple
Prime contracts.
I'd appreciate it if you could share or point me in the right direction.
Thanks and have a great weekend.
Denise
Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments
accompanying it) may contain confidential information belonging to the
sender which is protected by the attorney-client privilege. The
information is intended only for the use of the intended recipient. If
you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution or the taking of any action in
reliance on the contents of this information is strictly prohibited. Any
unauthorized interception of this transmission is illegal. If you have
received this transmission in error, please promptly notify the sender
by reply e-mail, and then destroy all copies of the transmission.
IRS CIRCULAR 230 NOTICE: To ensure compliance with recently enacted
U.S. Treasury Department regulations, we hereby advise you that, unless
otherwise expressly stated, any and all tax advice contained in this
communication has neither been written nor intended by the sender or
this firm for the use of any taxpayer for the purpose of evading or
avoiding tax penalties that may be imposed pursuant to U.S. law.
Furthermore, unless otherwise expressly indicated, the use of any tax
advice contained in this communication has neither been written nor
intended by the sender or this firm for the purpose of promoting,
marketing, or recommending a partnership or other entity, investment
plan or arrangement to any taxpayer, and such taxpayer should seek
advice on the taxpayer's particular circumstances from an independent
tax advisor.
Replies Filtered: Any incoming reply to this e-mail communication or
other e-mail communication to us will be electronically filtered for
"spam" and/or "viruses." That filtering process may result in such reply
or other e-mail communications to us being quarantined (i.e.,
potentially not received at our site at all) and/or delayed in reaching
us. For that reason, we cannot guarantee that we will receive your reply
or other e-mail communications to us and/or that we will receive the
same in a timely manner. Accordingly, you should consider sending
communications to us which are particularly important or time-sensitive
by means other than e-mail.
From: clc-discussion-bounces@lists.flabarrpptl.org [
mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bryan
L. Capps
Sent: Friday, March 15, 2013 1:06 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Contractor's Subcontracting to Itself to
DefeatLien/Bond Claims
All:
I could swear that someone recently raised a
question/initiated a discussion regarding whether a contractor could (be
permitted to) essentially subcontract to itself (e.g., an affiliate) for
the purpose or with the effect of thereby lowering all other ("true")
subcontractors, materialmen, etc. one level in the chain of contracts,
such that lien/bond claims of the lowest tiers are defeated under the
limitations of applicable lien/bond statutes. If I'm not dreaming,
could someone please give me the date(s) or subject lines of that
committee thread? Thanks.
Bryan L. Capps
Partner | Florida Board Certified in Construction Law
Kirwin Norris, P.A.
15 West Church Street
Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
blc@kirwinnorris.com
www.kirwinnorris.com http://www.kirwinnorris.com/
This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.
As a former prosecutor here in Orlando, I can tell you without hesitation that the best DUI defense attorney is Stuart Hyman. 407.896.0536. I'm happy to discuss what sets Stuart apart if you want more details.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/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.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image006.jpg@01CE296C.69A74620]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Monday, March 25, 2013 2:50 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] DUI attorney in Orlando
Can someone recommend a skilled/reputable DUI attorney in Orlando. I know this isn't a construction problem, but appreciate any feedback.
[Logo]
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.comhttp://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures
This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Friday, March 15, 2013 1:39 PM
To: 'Bryan L. Capps'; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Contract language for BIM,IPD and Triple Prime Contracts
Hey CLC friends -
Looking for contract documents or language which discuss Integrated Project Delivery (IPD), Building Information Management (BIM) or Triple Prime contracts.
I'd appreciate it if you could share or point me in the right direction.
Thanks and have a great weekend.
Denise
Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.commailto:dhammond@wfmblaw.com
www.wfmblaw.comhttp://www.wfmblaw.com
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.
IRS CIRCULAR 230 NOTICE: To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law. Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer's particular circumstances from an independent tax advisor.
Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bryan L. Capps
Sent: Friday, March 15, 2013 1:06 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Contractor's Subcontracting to Itself to DefeatLien/Bond Claims
All:
I could swear that someone recently raised a question/initiated a discussion regarding whether a contractor could (be permitted to) essentially subcontract to itself (e.g., an affiliate) for the purpose or with the effect of thereby lowering all other ("true") subcontractors, materialmen, etc. one level in the chain of contracts, such that lien/bond claims of the lowest tiers are defeated under the limitations of applicable lien/bond statutes. If I'm not dreaming, could someone please give me the date(s) or subject lines of that committee thread? Thanks.
[Description: Description: Description: Description: H:\HTML Signature Block\Kirwin Norris Logo.gif]http://www.kirwinnorris.com/
Bryan L. Capps
Partner | Florida Board Certified in Construction Law
Kirwin Norris, P.A.
15 West Church Street
Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
blc@kirwinnorris.commailto:blc@kirwinnorris.com
www.kirwinnorris.comhttp://www.kirwinnorris.com/
[Description: Description: Description: Description: H:\HTML Signature Block\Construction Law.gif]
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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