Empathy List Archives

    Emerald Lake Corporate Park

	Keith  Hetrick

Emerald Lake Corporate Park

I do not have the time to read all of these emails and responses going back and forth.  Everyone please delete me from your service list.  Thank you.  

Claire A. Duchemin

Claire A. Duchemin, P.A.

Attorney at Law

1615 Village Square Blvd., Suite #7

Tallahassee, FL  32309

Phone:  850-270-9870

Fax:  850-270-9873

Email:  caduchemin@live.com 

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq
Sent: Monday, March 12, 2012 1:40 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

Thanks for your observation Keith--I agree with your sentiments, but that seems to be an integral part of the legislative process.  What I'd like to see more effort to ensure the committee's "perspective" includes a true representative polling of the members' views.  It seems that many of the legislative positions supported have been heavily weighted in favor of developers and owners and contrary to the interests of contractors and other lienors.  Of course, by voicing our opinions for change, the expected response from the CLC would be that we should volunteer to become more involved in the process.  For my part, I am willing to put my time where my mouth is and do just that.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz@HerniczLegal.com

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Keith Hetrick
Sent: Monday, March 12, 2012 1:15 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

I thought Sanjay's report on the case-law history of common law implied warranty today was timely, excellent and accurate.  And please, I am not trying to generate a discussion or responses with my following comment.  However, in response to Mr. Pickert's initial question below, while I appreciate the fact that there exists a process, unfortunately -- apart from resolving technical legal issues, which I think Bar can encourage or provide recommendations -- I do not believe that it is appropriate for the section (by way of either legislative committee or otherwise as a section) to put itself in the position of picking "winners" and "loosers" or taking "sides" on very important and legitimate policy issues in the Legislature, particularly those where construction law interests and practice perspectives differ on evolving areas of the law.  Keith Hetrick

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	Keith  Hetrick 

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Weintraub, Lee
Sent: Monday, March 12, 2012 12:14 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

The CLC Legislative Committee meets to recommend support & opposition to the entire CLC.  Once approved by the CLC, we then need approval of the RPPTL section.  Once they approve, it becomes our committee legislative position.

Emerald Lake Corporate Park

Our clients' total satisfaction is our #1 priority.  The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com <mailto:CARE@becker-poliakoff.com> . 

Click here <http://www.floridaconstructionlawauthority.com/>  to subscribe to our complimentary Florida Construction Law Blog. 

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Stephen Pickert
Sent: Monday, March 12, 2012 12:08 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

Who decides which bills are supported and which are opposed?

STEPHEN W. PICKERT, ESQ.

BOARD CERTIFIED IN CONSTRUCTION LAW BY THE FLORIDA BAR

MOYE, O’BRIEN, O’ROURKE, PICKERT & DILLON, LLP

800 SOUTH ORLANDO AVENUE

MAITLAND, FLORIDA 32751

(407) 622-5250

(407) 622-5440 (facsimile)

swpickert@moopd.com

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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, March 12, 2012 11:36 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] CLC Legislative Report

Folks,

There were two bills in which we were actively involved this legislative session - the construction lien bill (HB 897) and the construction warranties bill (formerly SB 1196, which was laid on the table in favor of the House version - HB 1013).  We supported to former and opposed the latter.  Both bills passed the legislature last week and are headed for the Governor's desk.  Copies of both bills are attached.

Significant achievements in the construction lien bill include:  (1) elimination of the conflict between the various statute of limitations provisions governing actions on payment bonds (see lines 77-91 of HB 897); (2) elimination of language added last year that clouds the issue of when a notice of commencement expires (see lines 396-397).  Also, the AGC inserted a provision in the bill which now requires the state, any county or any municipality to (a) open sealed bids in a competition solicitation at a public meeting conducted per 286.066, F.S.; (b) announce at the meeting the name of each bidder and the price submitted; and (c) make available upon request the name of each bidder and the price submitted.

Thanks is due to Peggy Rolando, George Meyer, Rob Freedman and Pete Dunbar for their tireless efforts on behalf of our Section and HB 897.

Reese

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Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100 

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com

GRAY | ROBINSON <http://www.gray-robinson.com/> 

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