Utility Work
Does anybody have experience or suggestions on how to lien for sitework
performed on behalf of a utility company. My client is a sub to a
sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a
general contractor installing poles and connecting electrical lines on
behalf of a power utility company. I am advised by my client that the work
is performed without the recording of a Notice of Commencement. As a
result, it is very difficult to determine the Owner and/or the legal
description of the property that has been improved.
The collective insight of this very bright group is greatly appreciated.
Regards,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245 <%28786%29%20431-2327>
Facsimile: (786) 431-2246 <%28786%29%20431-2328>
Mobile: (305) 218-8319 <%28786%29%20431-2328>
Main: (786) 431-2228
Email: slehman@lebfirm.com
www.lebfirm.com
Florida Bar Board Certified – Construction Law
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Scott, there are a couple of possibilities (maybe more). If the work is along a roadway, it may be within the state’s right of way, meaning the owner is the state. Alternatively, the work may be done within a utility easement, in which case the owner(s) would be the owners of the private parcels over which the easement runs. I’m not sure of the efficacy of liening private property in this situation. Have you checked to see if there is a payment bond in place?
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Tuesday, September 13, 2016 1:31 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Utility Work
Does anybody have experience or suggestions on how to lien for sitework performed on behalf of a utility company. My client is a sub to a sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a general contractor installing poles and connecting electrical lines on behalf of a power utility company. I am advised by my client that the work is performed without the recording of a Notice of Commencement. As a result, it is very difficult to determine the Owner and/or the legal description of the property that has been improved.
The collective insight of this very bright group is greatly appreciated.
Regards,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245tel:%28786%29%20431-2327
Facsimile: (786) 431-2246tel:%28786%29%20431-2328
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Main: (786) 431-2228tel:%28786%29%20431-2228
Email: slehman@lebfirm.commailto:slehman@lebfirm.com
www.lebfirm.comhttp://www.lebfirm.com/
Florida Bar Board Certified – Construction Law
CONFIDENTIALITY NOTICE: This e-mail transmission, including previous e-mails and attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, your disclosure, copying, distribution or use of information in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving them.
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
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Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
Also, don't forget, if it is performed on public property as a condition to a permit for work on adjacent private property, the private property is subject to lien.
RD
Get Outlook for iOShttp://aka.ms/o0ukef
On Tue, Sep 13, 2016 at 2:24 PM -0400, "Reese J. Henderson, Jr." <Reese.Henderson@gray-robinson.commailto:Reese.Henderson@gray-robinson.com> wrote:
Scott, there are a couple of possibilities (maybe more). If the work is along a roadway, it may be within the state's right of way, meaning the owner is the state. Alternatively, the work may be done within a utility easement, in which case the owner(s) would be the owners of the private parcels over which the easement runs. I'm not sure of the efficacy of liening private property in this situation. Have you checked to see if there is a payment bond in place?
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Tuesday, September 13, 2016 1:31 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Utility Work
Does anybody have experience or suggestions on how to lien for sitework performed on behalf of a utility company. My client is a sub to a sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a general contractor installing poles and connecting electrical lines on behalf of a power utility company. I am advised by my client that the work is performed without the recording of a Notice of Commencement. As a result, it is very difficult to determine the Owner and/or the legal description of the property that has been improved.
The collective insight of this very bright group is greatly appreciated.
Regards,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245tel:%28786%29%20431-2327
Facsimile: (786) 431-2246tel:%28786%29%20431-2328
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Main: (786) 431-2228tel:%28786%29%20431-2228
Email: slehman@lebfirm.commailto:slehman@lebfirm.com
www.lebfirm.comhttp://www.lebfirm.com/
Florida Bar Board Certified - Construction Law
CONFIDENTIALITY NOTICE: This e-mail transmission, including previous e-mails and attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, your disclosure, copying, distribution or use of information in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving them.
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
Does 713.04 help?
Raymond L. Robinson, Esq.
[cid:image008.jpg@01D20DCD.CD0BE010]
Park Place II
1501 Venera Avenue,
Suite 300
Coral Gables, Florida 33146
Office: (305) 662-7618
Cell: (305) 632-4384
Fax: (305) 662-7617
www.rrobinsonlaw.comhttp://www.rrobinsonlaw.com
ray@rrobinsonlaw.commailto:ray@rrobinsonlaw.com
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Connect with Robinson & Associates, P.A.
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2016 2:20 PM
To: 'Scott Lehman' scott@scottlehmanpa.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Utility Work
Scott, there are a couple of possibilities (maybe more). If the work is along a roadway, it may be within the state’s right of way, meaning the owner is the state. Alternatively, the work may be done within a utility easement, in which case the owner(s) would be the owners of the private parcels over which the easement runs. I’m not sure of the efficacy of liening private property in this situation. Have you checked to see if there is a payment bond in place?
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Tuesday, September 13, 2016 1:31 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Utility Work
Does anybody have experience or suggestions on how to lien for sitework performed on behalf of a utility company. My client is a sub to a sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a general contractor installing poles and connecting electrical lines on behalf of a power utility company. I am advised by my client that the work is performed without the recording of a Notice of Commencement. As a result, it is very difficult to determine the Owner and/or the legal description of the property that has been improved.
The collective insight of this very bright group is greatly appreciated.
Regards,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245tel:%28786%29%20431-2327
Facsimile: (786) 431-2246tel:%28786%29%20431-2328
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Main: (786) 431-2228tel:%28786%29%20431-2228
Email: slehman@lebfirm.commailto:slehman@lebfirm.com
www.lebfirm.comhttp://www.lebfirm.com/
Florida Bar Board Certified – Construction Law
CONFIDENTIALITY NOTICE: This e-mail transmission, including previous e-mails and attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, your disclosure, copying, distribution or use of information in or attached to this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving them.
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
Yes, it does. Thank you all.
I now need to better understand the individual circumstances around the
land upon which the work was performed. Highly inefficient given the
number of addresses.
Does not anybody know of a statute requiring that this type of work be
performed with a payment bond in place?
Thank you again,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245 <%28786%29%20431-2327>
Facsimile: (786) 431-2246 <%28786%29%20431-2328>
Mobile: (305) 218-8319 <%28786%29%20431-2328>
Main: (786) 431-2228
Email: slehman@lebfirm.com
www.lebfirm.com
Florida Bar Board Certified – Construction Law
CONFIDENTIALITY NOTICE: This e-mail transmission, including previous
e-mails and attachments, may contain confidential information that is
legally privileged. If you are not the intended recipient, your disclosure,
copying, distribution or use of information in or attached to this
transmission is strictly prohibited. If you have received this transmission
in error, please immediately notify us by reply e-mail and destroy the
original transmission and its attachments without reading or saving them.
On Tue, Sep 13, 2016 at 2:47 PM, Raymond L. Robinson ray@rrobinsonlaw.com
wrote:
Does 713.04 help?
Raymond L. Robinson, Esq.
Park Place II
1501 Venera Avenue,
Suite 300
Coral Gables, Florida 33146
Office: (305) 662-7618
Cell: (305) 632-4384
Fax: (305) 662-7617
www.rrobinsonlaw.com
ray@rrobinsonlaw.com
[image:
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement]
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Connect with Robinson & Associates, P.A.
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:
clc-discussion-bounces@lists.flabarrpptl.org] *On Behalf Of *Reese J.
Henderson, Jr.
Sent: Tuesday, September 13, 2016 2:20 PM
To: 'Scott Lehman' scott@scottlehmanpa.com; clc-discussion@lists.
flabarrpptl.org
Subject: Re: [CLC-Discussion] Utility Work
Scott, there are a couple of possibilities (maybe more). If the work is
along a roadway, it may be within the state’s right of way, meaning the
owner is the state. Alternatively, the work may be done within a utility
easement, in which case the owner(s) would be the owners of the private
parcels over which the easement runs. I’m not sure of the efficacy of
liening private property in this situation. Have you checked to see if
there is a payment bond in place?
From: clc-discussion-bounces@lists.flabarrpptl.org [
mailto:clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org] *On Behalf Of *Scott
Lehman
Sent: Tuesday, September 13, 2016 1:31 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Utility Work
Does anybody have experience or suggestions on how to lien for sitework
performed on behalf of a utility company. My client is a sub to a
sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a
general contractor installing poles and connecting electrical lines on
behalf of a power utility company. I am advised by my client that the work
is performed without the recording of a Notice of Commencement. As a
result, it is very difficult to determine the Owner and/or the legal
description of the property that has been improved.
The collective insight of this very bright group is greatly appreciated.
Regards,
Scott
Scott D. Lehman, Esquire
Lipscomb and Eisenberg, PL
2 Biscayne Blvd.
Penthouse Suite 3800
Miami, Florida 33131
Direct: (786) 431-2245 <%28786%29%20431-2327>
Facsimile: (786) 431-2246 <%28786%29%20431-2328>
Mobile: (305) 218-8319 <%28786%29%20431-2328>
Main: (786) 431-2228
Email: slehman@lebfirm.com
Florida Bar Board Certified – Construction Law
CONFIDENTIALITY NOTICE: This e-mail transmission, including previous
e-mails and attachments, may contain confidential information that is
legally privileged. If you are not the intended recipient, your disclosure,
copying, distribution or use of information in or attached to this
transmission is strictly prohibited. If you have received this transmission
in error, please immediately notify us by reply e-mail and destroy the
original transmission and its attachments without reading or saving them.
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y* | *R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
*T: *904-598-9929 | *F: *904-598-9109 | *D: *904-632-8459
E-mail Reese.Henderson@gray-robinson.com | Website
http://www.gray-robinson.com | Bio
http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr |
vCard http://www.gray-robinson.com/docs/Reese%20Henderson.vcf
Facebook https://www.facebook.com/GrayRobinsonLaw | LinkedIn
https://www.linkedin.com/company/grayrobinson-p-a- | Twitter
https://twitter.com/grayrobinsonlaw
This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client
or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended recipient
forward or disclose this message to another person or party, that action
could constitute a waiver of the attorney-client privilege. If the reader
of this message is not the intended recipient, or the agent responsible to
deliver it to the intended recipient, you are hereby notified that any
review, dissemination, distribution or copying of this communication is
prohibited by the sender and to do so might constitute a violation of the
Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this
communication was received in error we apologize for the intrusion. Please
notify us by reply e-mail and delete the original message without reading
same. Nothing in this e-mail message shall, in and of itself, create an
attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and
is attempting to collect a debt and any information provided will be used
for that purpose.
