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Notice of Termination

RC
Robert Carlson
Tue, Dec 9, 2014 3:55 PM

Dear all,  Has anyone ran into a situation where they needed to file a Notice of Termination and there was a subcontractor who had not been paid in full however did not have lien rights because final furnishings were well over 90 days?  I understand they still have breach of contract claims, however, they have no lien claims.  Fla. Stat. 713.132 and the Final Contractor Affidavit require that you certify that "all lienors have been paid in full."  My first thought was that they are not a "lineor" because they no longer have a lien or prospective lien.  Any thoughts from the group?

Robert A. Carlson
Partner

Board Certified in Construction Law

[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605

Miami, Florida 33132

T  305.377.2323    F  305.377.2320
www.Lee-Lawfirm.comhttp://www.lee-lawfirm.com/

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Dear all, Has anyone ran into a situation where they needed to file a Notice of Termination and there was a subcontractor who had not been paid in full however did not have lien rights because final furnishings were well over 90 days? I understand they still have breach of contract claims, however, they have no lien claims. Fla. Stat. 713.132 and the Final Contractor Affidavit require that you certify that "all lienors have been paid in full." My first thought was that they are not a "lineor" because they no longer have a lien or prospective lien. Any thoughts from the group? Robert A. Carlson Partner Board Certified in Construction Law [Lee-Logo-CMYK] 100 N. Biscayne Blvd., Suite 605 Miami, Florida 33132 T 305.377.2323 F 305.377.2320 www.Lee-Lawfirm.com<http://www.lee-lawfirm.com/> [cid:imaged51486.JPG@897b1e03.4c9af450] CONFIDENTIALITY NOTICE: This e-mail message and the information it contains are intended to be privileged and confidential communications protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you have received this e-mail message in error, please notify the sender by e-mail at rcarlson@lee-lawfirm.com<mailto:rcarlson@lee-lawfirm.com> and permanently delete this message. CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication, or any attachments thereto, was not written to be used and cannot be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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RB
Robert Butts
Tue, Dec 9, 2014 5:51 PM

Robert,

It may work better in this case for you to proceed under 713.07(4).  I have
a note beside this statute that McCarry at 506 So. 2d 110 may also be of
some interest.

I hope this is helpful to you.

Bob

Robert P. Butts, Esq.

Board Certified as a Specialist in Construction Law

WARNER, SECHREST & BUTTS, P.A.

5200 S.W. 91st Terrace, Suite 101

Gainesville, FL  32608

(352) 373-5922

(352) 373-5921 FAX

E-mail:  rbutts@fbswlaw.com

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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert
Carlson
Sent: Tuesday, December 09, 2014 10:55 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Notice of Termination

Dear all,  Has anyone ran into a situation where they needed to file a
Notice of Termination and there was a subcontractor who had not been paid in
full however did not have lien rights because final furnishings were well
over 90 days?  I understand they still have breach of contract claims,
however, they have no lien claims.  Fla. Stat. 713.132 and the Final
Contractor Affidavit require that you certify that "all lienors have been
paid in full."  My first thought was that they are not a "lineor" because
they no longer have a lien or prospective lien.  Any thoughts from the
group?

Robert A. Carlson
Partner

Board Certified in Construction Law

100 N. Biscayne Blvd., Suite 605

Miami, Florida 33132

T  305.377.2323    F  305.377.2320
http://www.lee-lawfirm.com/ www.Lee-Lawfirm.com

CONFIDENTIALITY NOTICE:  This e-mail message and the information it contains
are intended to be privileged and confidential communications protected from
disclosure.  If you are not the intended recipient, any dissemination,
distribution or copying is strictly prohibited.  If you have received this
e-mail message in error, please notify the sender by e-mail at
rcarlson@lee-lawfirm.com mailto:rcarlson@lee-lawfirm.com  and permanently
delete this message.

CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. federal tax advice contained in this
communication, or any attachments thereto, was not written to be used and
cannot be used for the purpose of (i) avoiding tax-related penalties under
the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any tax-related matters addressed herein.

Robert, It may work better in this case for you to proceed under 713.07(4). I have a note beside this statute that McCarry at 506 So. 2d 110 may also be of some interest. I hope this is helpful to you. Bob Robert P. Butts, Esq. Board Certified as a Specialist in Construction Law WARNER, SECHREST & BUTTS, P.A. 5200 S.W. 91st Terrace, Suite 101 Gainesville, FL 32608 (352) 373-5922 (352) 373-5921 FAX E-mail: rbutts@fbswlaw.com The preceding electronic mail message (including any attachments) contains information the sender deems confidential and constitute non-public information. It is intended to be conveyed only to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of the foregoing electronic mail (including any attachments) by unintended recipients is not authorized by the sender and may be unlawful. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert Carlson Sent: Tuesday, December 09, 2014 10:55 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Notice of Termination Dear all, Has anyone ran into a situation where they needed to file a Notice of Termination and there was a subcontractor who had not been paid in full however did not have lien rights because final furnishings were well over 90 days? I understand they still have breach of contract claims, however, they have no lien claims. Fla. Stat. 713.132 and the Final Contractor Affidavit require that you certify that "all lienors have been paid in full." My first thought was that they are not a "lineor" because they no longer have a lien or prospective lien. Any thoughts from the group? Robert A. Carlson Partner Board Certified in Construction Law 100 N. Biscayne Blvd., Suite 605 Miami, Florida 33132 T 305.377.2323 F 305.377.2320 <http://www.lee-lawfirm.com/> www.Lee-Lawfirm.com CONFIDENTIALITY NOTICE: This e-mail message and the information it contains are intended to be privileged and confidential communications protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you have received this e-mail message in error, please notify the sender by e-mail at rcarlson@lee-lawfirm.com <mailto:rcarlson@lee-lawfirm.com> and permanently delete this message. CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication, or any attachments thereto, was not written to be used and cannot be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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