Hi, 
Guest
Pic
Sign In

clc-discussion@lists.flabarrpptl.org

RPPTL CLC-Discussion

View all threads

Construction Liens and Bonds - CS/SB 622 and HB 473

RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 4:35 PM

CLC Members 

 Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.
 Please share your opinions on this issue with the entire CLC.        Sincerely,    Barry Kalmanson500 N. Maitland AvenueSuite 305Maitland, Fl. 32751407-645-4500 x 215  WWW.BARRYKALMANSON.COM      From: Warren Husband whh@MHDFirm.com
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.com) FBrown@deanmead.com; Carol Bowen (cbowen@abceastflorida.com) cbowen@abceastflorida.com; Kari Hebrank (KHebrank@carltonfields.com) KHebrank@carltonfields.com; Rusty Payton (rpayton@fhba.com) rpayton@fhba.com
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 

  • Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.
     
  • Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).
     
  • Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).
     
  • Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).
     
  • Warrant that the lienor has not assigned its lien rights to another party.
     
  • Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.
       This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.  From: Warren Husband whh@MHDFirm.com
    Sent: Friday, February 19, 2021 9:46 AM
    To: perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.gov; Ramba, Megan Ramba.Megan@flsenate.gov; Clemens, Clayton Clayton.Clemens@myfloridahouse.gov
    Cc:  French Brown (FBrown@deanmead.com) FBrown@deanmead.com; Carol Bowen (cbowen@abceastflorida.com) cbowen@abceastflorida.com; Kari Hebrank (KHebrank@carltonfields.com) KHebrank@carltonfields.com; Rusty Payton (rpayton@fhba.com) rpayton@fhba.com
    Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.   In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.   We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:   (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.      Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.    We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.  Thanks to everyone for their efforts on this bill.   I hope everyone has a good weekend after this lengthy committee week!    This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. <!--#yiv0158173483 _filtered {} _filtered {} _filtered {}#yiv0158173483 #yiv0158173483 p.yiv0158173483MsoNormal, #yiv0158173483 li.yiv0158173483MsoNormal, #yiv0158173483 div.yiv0158173483MsoNormal {margin:0in;font-size:11.0pt;font-family:"Calibri", sans-serif;}#yiv0158173483 a:link, #yiv0158173483 span.yiv0158173483MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0158173483 p.yiv0158173483MsoListParagraph, #yiv0158173483 li.yiv0158173483MsoListParagraph, #yiv0158173483 div.yiv0158173483MsoListParagraph {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpFirst, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpFirst, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpFirst {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpMiddle, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpMiddle, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpMiddle {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpLast, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpLast, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpLast {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 span.yiv0158173483EmailStyle21 {font-family:"Calibri", sans-serif;color:windowtext;}#yiv0158173483 .yiv0158173483MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv0158173483 div.yiv0158173483WordSection1 {}#yiv0158173483 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv0158173483 ol {margin-bottom:0in;}#yiv0158173483 ul {margin-bottom:0in;}-->
CLC Members   Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.  Please share your opinions on this issue with the entire CLC.        Sincerely,    Barry Kalmanson500 N. Maitland AvenueSuite 305Maitland, Fl. 32751407-645-4500 x 215  WWW.BARRYKALMANSON.COM     From: Warren Husband <whh@MHDFirm.com> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com) <FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.com) <cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.com) <KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.com) <rpayton@fhba.com> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:  - Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.   - Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).   - Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).   - Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).   - Warrant that the lienor has not assigned its lien rights to another party.   - Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.    This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.  From: Warren Husband <whh@MHDFirm.com> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov> Cc:  French Brown (FBrown@deanmead.com) <FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.com) <cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.com) <KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.com) <rpayton@fhba.com> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.   In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.   We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:   (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.      Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.    We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.  Thanks to everyone for their efforts on this bill.   I hope everyone has a good weekend after this lengthy committee week!    This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. <!--#yiv0158173483 _filtered {} _filtered {} _filtered {}#yiv0158173483 #yiv0158173483 p.yiv0158173483MsoNormal, #yiv0158173483 li.yiv0158173483MsoNormal, #yiv0158173483 div.yiv0158173483MsoNormal {margin:0in;font-size:11.0pt;font-family:"Calibri", sans-serif;}#yiv0158173483 a:link, #yiv0158173483 span.yiv0158173483MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0158173483 p.yiv0158173483MsoListParagraph, #yiv0158173483 li.yiv0158173483MsoListParagraph, #yiv0158173483 div.yiv0158173483MsoListParagraph {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpFirst, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpFirst, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpFirst {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpMiddle, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpMiddle, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpMiddle {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 p.yiv0158173483MsoListParagraphCxSpLast, #yiv0158173483 li.yiv0158173483MsoListParagraphCxSpLast, #yiv0158173483 div.yiv0158173483MsoListParagraphCxSpLast {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;font-size:14.0pt;font-family:"Garamond", serif;}#yiv0158173483 span.yiv0158173483EmailStyle21 {font-family:"Calibri", sans-serif;color:windowtext;}#yiv0158173483 .yiv0158173483MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv0158173483 div.yiv0158173483WordSection1 {}#yiv0158173483 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv0158173483 ol {margin-bottom:0in;}#yiv0158173483 ul {margin-bottom:0in;}-->
Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 4:41 PM

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow me on Twitter
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttp://www.barrykalmanson.com

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Follow me on Twitter Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<http://www.barrykalmanson.com> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 4:44 PM

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM.

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow me on Twitter
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:42 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com) bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee​

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image003.png@01D70B6B.92E42370]http://www.beckerlawyers.com
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image004.png@01D70B6B.92E42370]
954.985.4147tel:954.985.4147

[cid:image005.png@01D70B6B.92E42370]
954.985.4176fax:954.985.4176
[cid:image006.png@01D70B6B.92E42370]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
[cid:image007.png@01D70B6B.92E42370]
www.beckerlawyers.comhttp://www.beckerlawyers.com/
[cid:image008.png@01D70B6B.92E42370]
Connect with me on LinkedIn
http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813
[cid:image009.png@01D70B6B.92E42370]
Follow me onhttp://twitter.com/leeweintraub Twitter
http://twitter.com/leeweintraub
[cid:image010.jpg@01D70B6B.92E42370]
Follow Becker on...
[Facebook]http://www.facebook.com/beckerpoliakoff
[LinkedIn]http://www.linkedin.com/company/becker-&-poliakoff-p.a.
[Twitter]http://twitter.com/BeckerPoliakoff
[YouTube]https://www.youtube.com/user/bplawfirm
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttp://www.barrykalmanson.com

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Follow me on Twitter Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:42 AM To: clc-discussion@lists.flabarrpptl.org Cc: Bob Swaine (bob@heartlandlaw.com) <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image003.png@01D70B6B.92E42370]<http://www.beckerlawyers.com> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image004.png@01D70B6B.92E42370] 954.985.4147<tel:954.985.4147> [cid:image005.png@01D70B6B.92E42370] 954.985.4176<fax:954.985.4176> [cid:image006.png@01D70B6B.92E42370] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image007.png@01D70B6B.92E42370] www.beckerlawyers.com<http://www.beckerlawyers.com/> [cid:image008.png@01D70B6B.92E42370] Connect with me on LinkedIn <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> [cid:image009.png@01D70B6B.92E42370] Follow me on<http://twitter.com/leeweintraub> Twitter <http://twitter.com/leeweintraub> [cid:image010.jpg@01D70B6B.92E42370] Follow Becker on... [Facebook]<http://www.facebook.com/beckerpoliakoff> [LinkedIn]<http://www.linkedin.com/company/becker-&-poliakoff-p.a.> [Twitter]<http://twitter.com/BeckerPoliakoff> [YouTube]<https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<http://www.barrykalmanson.com> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 5:01 PM

Lee,

I’m confused by who “we” is.  What is the current position of RPPTL, and is it inconsistent with the position of our legislative committee (putting aside the position of Barry’s trade group)?  It would be good to be apprised of this now as opposed to waiting until the next meeting.

Thanks,

Fred

Frederick C. Barnes, Esq.

Board Certified Construction Lawyer

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

http://www.fcbarneslaw.com/ www.fcbarneslaw.com

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:45 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com) bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM.

Lee​

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

http://www.beckerlawyers.com/

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

tel:954.985.4147 954.985.4147

fax:954.985.4176 954.985.4176

mailto:lweintraub@beckerlawyers.com lweintraub@beckerlawyers.com

http://www.beckerlawyers.com/ www.beckerlawyers.com

http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813 Connect with me on LinkedIn

http://twitter.com/leeweintraub Follow me on Twitter http://twitter.com/leeweintraub

Follow Becker on...

http://www.facebook.com/beckerpoliakoff

http://www.linkedin.com/company/becker-&-poliakoff-p.a.

http://twitter.com/BeckerPoliakoff

https://www.youtube.com/user/bplawfirm

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org  <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:42 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com mailto:bob@heartlandlaw.com ) <bob@heartlandlaw.com mailto:bob@heartlandlaw.com >
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee​

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

http://www.beckerlawyers.com/

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

tel:954.985.4147 954.985.4147

fax:954.985.4176 954.985.4176

mailto:lweintraub@beckerlawyers.com lweintraub@beckerlawyers.com

http://www.beckerlawyers.com/ www.beckerlawyers.com

http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813 Connect with me on LinkedIn

http://twitter.com/leeweintraub Follow me on Twitter http://twitter.com/leeweintraub

Follow Becker on...

http://www.facebook.com/beckerpoliakoff

http://www.linkedin.com/company/becker-&-poliakoff-p.a.

http://twitter.com/BeckerPoliakoff

https://www.youtube.com/user/bplawfirm

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org  <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson

500 N. Maitland Avenue

Suite 305

Maitland, Fl. 32751

407-645-4500 x 215

WWW.BARRYKALMANSON.COM http://www.barrykalmanson.com

From: Warren Husband <whh@MHDFirm.com mailto:whh@MHDFirm.com >
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.com mailto:FBrown@deanmead.com ) <FBrown@deanmead.com mailto:FBrown@deanmead.com >; Carol Bowen (cbowen@abceastflorida.com mailto:cbowen@abceastflorida.com ) <cbowen@abceastflorida.com mailto:cbowen@abceastflorida.com >; Kari Hebrank (KHebrank@carltonfields.com mailto:KHebrank@carltonfields.com ) <KHebrank@carltonfields.com mailto:KHebrank@carltonfields.com >; Rusty Payton (rpayton@fhba.com mailto:rpayton@fhba.com ) <rpayton@fhba.com mailto:rpayton@fhba.com >
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.com mailto:whh@MHDFirm.com >
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.gov mailto:perry.keith@flsenate.gov ; Jackie.Toledo@myfloridahouse.gov mailto:Jackie.Toledo@myfloridahouse.gov ; Ramba, Megan <Ramba.Megan@flsenate.gov mailto:Ramba.Megan@flsenate.gov >; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov mailto:Clayton.Clemens@myfloridahouse.gov >
Cc:  French Brown (FBrown@deanmead.com mailto:FBrown@deanmead.com ) <FBrown@deanmead.com mailto:FBrown@deanmead.com >; Carol Bowen (cbowen@abceastflorida.com mailto:cbowen@abceastflorida.com ) <cbowen@abceastflorida.com mailto:cbowen@abceastflorida.com >; Kari Hebrank (KHebrank@carltonfields.com mailto:KHebrank@carltonfields.com ) <KHebrank@carltonfields.com mailto:KHebrank@carltonfields.com >; Rusty Payton (rpayton@fhba.com mailto:rpayton@fhba.com ) <rpayton@fhba.com mailto:rpayton@fhba.com >
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Lee, I’m confused by who “we” is. What is the current position of RPPTL, and is it inconsistent with the position of our legislative committee (putting aside the position of Barry’s trade group)? It would be good to be apprised of this now as opposed to waiting until the next meeting. Thanks, Fred Frederick C. Barnes, Esq. Board Certified Construction Lawyer 500 N. Maitland Ave., Suite 305 Maitland, FL 32751 (407) 865-9200 <http://www.fcbarneslaw.com/> www.fcbarneslaw.com From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:45 AM To: clc-discussion@lists.flabarrpptl.org Cc: Bob Swaine (bob@heartlandlaw.com) <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group <http://www.beckerlawyers.com/> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 <tel:954.985.4147> 954.985.4147 <fax:954.985.4176> 954.985.4176 <mailto:lweintraub@beckerlawyers.com> lweintraub@beckerlawyers.com <http://www.beckerlawyers.com/> www.beckerlawyers.com <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> Connect with me on LinkedIn <http://twitter.com/leeweintraub> Follow me on Twitter <http://twitter.com/leeweintraub> Follow Becker on... <http://www.facebook.com/beckerpoliakoff> <http://www.linkedin.com/company/becker-&-poliakoff-p.a.> <http://twitter.com/BeckerPoliakoff> <https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org <mailto:clc-discussion-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:42 AM To: clc-discussion@lists.flabarrpptl.org <mailto:clc-discussion@lists.flabarrpptl.org> Cc: Bob Swaine (bob@heartlandlaw.com <mailto:bob@heartlandlaw.com> ) <bob@heartlandlaw.com <mailto:bob@heartlandlaw.com> > Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group <http://www.beckerlawyers.com/> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 <tel:954.985.4147> 954.985.4147 <fax:954.985.4176> 954.985.4176 <mailto:lweintraub@beckerlawyers.com> lweintraub@beckerlawyers.com <http://www.beckerlawyers.com/> www.beckerlawyers.com <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> Connect with me on LinkedIn <http://twitter.com/leeweintraub> Follow me on Twitter <http://twitter.com/leeweintraub> Follow Becker on... <http://www.facebook.com/beckerpoliakoff> <http://www.linkedin.com/company/becker-&-poliakoff-p.a.> <http://twitter.com/BeckerPoliakoff> <https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org <mailto:clc-discussion-bounces@lists.flabarrpptl.org> > On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org <mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM <http://www.barrykalmanson.com> From: Warren Husband <whh@MHDFirm.com <mailto:whh@MHDFirm.com> > Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com <mailto:FBrown@deanmead.com> ) <FBrown@deanmead.com <mailto:FBrown@deanmead.com> >; Carol Bowen (cbowen@abceastflorida.com <mailto:cbowen@abceastflorida.com> ) <cbowen@abceastflorida.com <mailto:cbowen@abceastflorida.com> >; Kari Hebrank (KHebrank@carltonfields.com <mailto:KHebrank@carltonfields.com> ) <KHebrank@carltonfields.com <mailto:KHebrank@carltonfields.com> >; Rusty Payton (rpayton@fhba.com <mailto:rpayton@fhba.com> ) <rpayton@fhba.com <mailto:rpayton@fhba.com> > Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 5. Warrant that the lienor has not assigned its lien rights to another party. 6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com <mailto:whh@MHDFirm.com> > Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov <mailto:perry.keith@flsenate.gov> ; Jackie.Toledo@myfloridahouse.gov <mailto:Jackie.Toledo@myfloridahouse.gov> ; Ramba, Megan <Ramba.Megan@flsenate.gov <mailto:Ramba.Megan@flsenate.gov> >; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov <mailto:Clayton.Clemens@myfloridahouse.gov> > Cc: French Brown (FBrown@deanmead.com <mailto:FBrown@deanmead.com> ) <FBrown@deanmead.com <mailto:FBrown@deanmead.com> >; Carol Bowen (cbowen@abceastflorida.com <mailto:cbowen@abceastflorida.com> ) <cbowen@abceastflorida.com <mailto:cbowen@abceastflorida.com> >; Kari Hebrank (KHebrank@carltonfields.com <mailto:KHebrank@carltonfields.com> ) <KHebrank@carltonfields.com <mailto:KHebrank@carltonfields.com> >; Rusty Payton (rpayton@fhba.com <mailto:rpayton@fhba.com> ) <rpayton@fhba.com <mailto:rpayton@fhba.com> > Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 5:16 PM

I support the position that parties should be able to contract for waiver terms that vary from statutory forms and that such contractual terms should be enforceable.  This is consistent with the current status quo.

It would be helpful if someone could circulate the text of the proposed Bill at issue so we can see the actual language in full.  For example, I am curious to read the full extent of the proposed new statutory waiver forms and whether they include all of the lobbyists terms set out in paras. 1-6 below.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people/Michael-Gibbons> | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

[cid:image001.png@01D70B70.08A961C0]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

CAUTION: THIS IS AN EXTERNAL EMAIL

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttp://www.barrykalmanson.com

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

I support the position that parties should be able to contract for waiver terms that vary from statutory forms and that such contractual terms should be enforceable. This is consistent with the current status quo. It would be helpful if someone could circulate the text of the proposed Bill at issue so we can see the actual language in full. For example, I am curious to read the full extent of the proposed new statutory waiver forms and whether they include all of the lobbyists terms set out in paras. 1-6 below. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<lowndes-law.com/people/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image001.png@01D70B70.08A961C0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 CAUTION: THIS IS AN EXTERNAL EMAIL CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<http://www.barrykalmanson.com> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 5:18 PM

Lee,

I am confused, which at my age easily occurs.  Since, along with Barry, I too am a legal advisor to the NACM affiliated committee made up of companies which seek to strengthen and promote good lien/bond law legislation, I do not recall that the issues presently being promoted by RPPTL and AGC were ever presented to the CLC for its recommendations to the Executive Council of RPPTL.  Am I missing something here?  How can RPPTL take a position without membership input?

Among other things, the revisions proposed relating to the form of a lien/bond waiver need to be further addressed.  The freedom to contract concept AGC is promoting is, as we all know, illusionary with the disproportionate negotiating power of owners and general contractors. I have seen instances where clients have lost insurance claim and subrogation rights because of over-reaching contractually agreed to lien/bond waiver forms, just so they could get their pending draws/payments for labor, service and materials furnished.

I believe, given the 11th hour of this matter and the deliberations of the legislative committees in Tallahassee reviewing these pending Bills, that we have a phone conference CLC meeting this week to discuss this matter.

PLEASE NOTE THAT EFFECTIVE FEBRUARY 19, 2021, OUR NEW OFFICE ADDRESS SHALL BE: 2600 LAKE LUCIEN DRIVE, SUITE 405, MATILAND, FLORIDA 32751

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman@wormanlaw.commailto:rworman@wormanlaw.com
www.wormanlaw.comhttp://www.wormanlaw.com/

NOTICE:
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 ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  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 WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:45 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com) bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM.

Lee​

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image001.png@01D70B70.54718F10]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image002.png@01D70B70.54718F10]
954.985.4147tel:954.985.4147

[cid:image003.png@01D70B70.54718F10]
954.985.4176fax:954.985.4176
[cid:image004.png@01D70B70.54718F10]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
[cid:image005.png@01D70B70.54718F10]
www.beckerlawyers.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0
[cid:image006.png@01D70B70.54718F10]
Connect with me on LinkedIn
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146462766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bKniW6Kv0c6jGmCCi5GRLjslMBYBrwaju5%2FmnEySdCQ%3D&reserved=0
[cid:image007.png@01D70B70.54718F10]
Follow me onhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0 Twitter
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0
[cid:image008.jpg@01D70B70.54718F10]
Follow Becker on...
[Facebook]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=oZnJYBNYpejiBuZTblskDUN8cp%2BkgOmFVlYNmlpoBnU%3D&reserved=0
[LinkedIn]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kYykwVhUUMXUSIgPffVOfay%2F5licfaYYg0h8MeBTkpE%3D&reserved=0
[Twitter]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146492752%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BaNMcEAvzm2QlLT79dnNJsJV65A5CKr1Sns7rr%2FNUH0%3D&reserved=0
[YouTube]https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SYN6ap0Kud8YI4Dr6La9UlTh0yQMqvfU07UwCZoB4yU%3D&reserved=0
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:42 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.commailto:bob@heartlandlaw.com) <bob@heartlandlaw.commailto:bob@heartlandlaw.com>
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee​

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image001.png@01D70B70.54718F10]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ZdS9hYQgfUJOvk6z%2F4O3TBKbsDoliCApDZnfqpEqLjw%3D&reserved=0
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image002.png@01D70B70.54718F10]
954.985.4147tel:954.985.4147

[cid:image003.png@01D70B70.54718F10]
954.985.4176fax:954.985.4176
[cid:image004.png@01D70B70.54718F10]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
[cid:image005.png@01D70B70.54718F10]
www.beckerlawyers.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=y%2FDos%2FLacpS6XjQC5Nksf1m%2F5cqND39zVQdryToZc9Q%3D&reserved=0
[cid:image006.png@01D70B70.54718F10]
Connect with me on LinkedIn
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=cYrgM03xP8QtLKpWfwhmF6kr5iS5xWcJSymDcgFm6IA%3D&reserved=0
[cid:image007.png@01D70B70.54718F10]
Follow me onhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146522736%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=rBdAKKwSFdR65EB25aT%2Bx9DopJ5%2FDkszIR9gqh9tSAo%3D&reserved=0 Twitter
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=iFIHl9xIoQ73fsn39MV%2BQjMAqY8HdaCU7RTPNomxs%2FI%3D&reserved=0
[cid:image008.jpg@01D70B70.54718F10]
Follow Becker on...
[Facebook]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=elIibKAZNA87yRYFrluZgNvaZ7umDyPAnMrNIVr2grs%3D&reserved=0
[LinkedIn]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ON8ikaEN8%2F5mkPPvmHxNTPxqDWp2Ar9UFmSy3CxnSrE%3D&reserved=0
[Twitter]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Y1Gzd%2BDecSe2m81hbmZJxGH8dXcKo04tZb98F07Vnyk%3D&reserved=0
[YouTube]https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146552723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=O7BI8qzJaQONtB4Nr6RmIWEIKuhOmYCBRbhCGhlakSM%3D&reserved=0
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.barrykalmanson.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146562719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Awr4RvpVGKNkh4JGA036Vn6qztSZj5KAv6leyL1iQNQ%3D&reserved=0

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Lee, I am confused, which at my age easily occurs. Since, along with Barry, I too am a legal advisor to the NACM affiliated committee made up of companies which seek to strengthen and promote good lien/bond law legislation, I do not recall that the issues presently being promoted by RPPTL and AGC were ever presented to the CLC for its recommendations to the Executive Council of RPPTL. Am I missing something here? How can RPPTL take a position without membership input? Among other things, the revisions proposed relating to the form of a lien/bond waiver need to be further addressed. The freedom to contract concept AGC is promoting is, as we all know, illusionary with the disproportionate negotiating power of owners and general contractors. I have seen instances where clients have lost insurance claim and subrogation rights because of over-reaching contractually agreed to lien/bond waiver forms, just so they could get their pending draws/payments for labor, service and materials furnished. I believe, given the 11th hour of this matter and the deliberations of the legislative committees in Tallahassee reviewing these pending Bills, that we have a phone conference CLC meeting this week to discuss this matter. PLEASE NOTE THAT EFFECTIVE FEBRUARY 19, 2021, OUR NEW OFFICE ADDRESS SHALL BE: 2600 LAKE LUCIEN DRIVE, SUITE 405, MATILAND, FLORIDA 32751 Regards, Robert B. Worman Robert B. Worman Worman & Sheffler, P.A. 2600 Lake Lucien Drive Suite 405 Maitland, Florida 32751 407 843-5353 REMOTE OFFICE DIRECT PHONE 561 336-4982 rworman@wormanlaw.com<mailto:rworman@wormanlaw.com> www.wormanlaw.com<http://www.wormanlaw.com/> NOTICE: 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 ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 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 WORMAN & SHEFFLER, P.A. TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:45 AM To: clc-discussion@lists.flabarrpptl.org Cc: Bob Swaine (bob@heartlandlaw.com) <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image001.png@01D70B70.54718F10]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image002.png@01D70B70.54718F10] 954.985.4147<tel:954.985.4147> [cid:image003.png@01D70B70.54718F10] 954.985.4176<fax:954.985.4176> [cid:image004.png@01D70B70.54718F10] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image005.png@01D70B70.54718F10] www.beckerlawyers.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0> [cid:image006.png@01D70B70.54718F10] Connect with me on LinkedIn <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146462766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bKniW6Kv0c6jGmCCi5GRLjslMBYBrwaju5%2FmnEySdCQ%3D&reserved=0> [cid:image007.png@01D70B70.54718F10] Follow me on<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0> Twitter <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0> [cid:image008.jpg@01D70B70.54718F10] Follow Becker on... [Facebook]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=oZnJYBNYpejiBuZTblskDUN8cp%2BkgOmFVlYNmlpoBnU%3D&reserved=0> [LinkedIn]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kYykwVhUUMXUSIgPffVOfay%2F5licfaYYg0h8MeBTkpE%3D&reserved=0> [Twitter]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146492752%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BaNMcEAvzm2QlLT79dnNJsJV65A5CKr1Sns7rr%2FNUH0%3D&reserved=0> [YouTube]<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SYN6ap0Kud8YI4Dr6La9UlTh0yQMqvfU07UwCZoB4yU%3D&reserved=0> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:42 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: Bob Swaine (bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>) <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image001.png@01D70B70.54718F10]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ZdS9hYQgfUJOvk6z%2F4O3TBKbsDoliCApDZnfqpEqLjw%3D&reserved=0> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image002.png@01D70B70.54718F10] 954.985.4147<tel:954.985.4147> [cid:image003.png@01D70B70.54718F10] 954.985.4176<fax:954.985.4176> [cid:image004.png@01D70B70.54718F10] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image005.png@01D70B70.54718F10] www.beckerlawyers.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=y%2FDos%2FLacpS6XjQC5Nksf1m%2F5cqND39zVQdryToZc9Q%3D&reserved=0> [cid:image006.png@01D70B70.54718F10] Connect with me on LinkedIn <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=cYrgM03xP8QtLKpWfwhmF6kr5iS5xWcJSymDcgFm6IA%3D&reserved=0> [cid:image007.png@01D70B70.54718F10] Follow me on<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146522736%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=rBdAKKwSFdR65EB25aT%2Bx9DopJ5%2FDkszIR9gqh9tSAo%3D&reserved=0> Twitter <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=iFIHl9xIoQ73fsn39MV%2BQjMAqY8HdaCU7RTPNomxs%2FI%3D&reserved=0> [cid:image008.jpg@01D70B70.54718F10] Follow Becker on... [Facebook]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=elIibKAZNA87yRYFrluZgNvaZ7umDyPAnMrNIVr2grs%3D&reserved=0> [LinkedIn]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ON8ikaEN8%2F5mkPPvmHxNTPxqDWp2Ar9UFmSy3CxnSrE%3D&reserved=0> [Twitter]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Y1Gzd%2BDecSe2m81hbmZJxGH8dXcKo04tZb98F07Vnyk%3D&reserved=0> [YouTube]<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146552723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=O7BI8qzJaQONtB4Nr6RmIWEIKuhOmYCBRbhCGhlakSM%3D&reserved=0> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.barrykalmanson.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146562719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Awr4RvpVGKNkh4JGA036Vn6qztSZj5KAv6leyL1iQNQ%3D&reserved=0> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 6:19 PM

Discuss away, but call my cell if you want to discuss the Section’s legislative process and why any CLC decision will not change the Section’s position on the bill.  Long story short, bills are amended daily and, if Section procedures required each amendment to go back to the committee level for approval, which would then require it to go back to the Executive Council level for approval, the legislative session will be over.  That is why the Section has the procedures in place that it does.

Anyone interested in being on the front line as legislative amendments like this occur should call me to discuss how to get involved at the Section’s Executive Council level.

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow me on Twitter
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 12:19 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com) bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

Lee,

I am confused, which at my age easily occurs.  Since, along with Barry, I too am a legal advisor to the NACM affiliated committee made up of companies which seek to strengthen and promote good lien/bond law legislation, I do not recall that the issues presently being promoted by RPPTL and AGC were ever presented to the CLC for its recommendations to the Executive Council of RPPTL.  Am I missing something here?  How can RPPTL take a position without membership input?

Among other things, the revisions proposed relating to the form of a lien/bond waiver need to be further addressed.  The freedom to contract concept AGC is promoting is, as we all know, illusionary with the disproportionate negotiating power of owners and general contractors. I have seen instances where clients have lost insurance claim and subrogation rights because of over-reaching contractually agreed to lien/bond waiver forms, just so they could get their pending draws/payments for labor, service and materials furnished.

I believe, given the 11th hour of this matter and the deliberations of the legislative committees in Tallahassee reviewing these pending Bills, that we have a phone conference CLC meeting this week to discuss this matter.

PLEASE NOTE THAT EFFECTIVE FEBRUARY 19, 2021, OUR NEW OFFICE ADDRESS SHALL BE: 2600 LAKE LUCIEN DRIVE, SUITE 405, MATILAND, FLORIDA 32751

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman@wormanlaw.commailto:rworman@wormanlaw.com
www.wormanlaw.comhttp://www.wormanlaw.com/

NOTICE:
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 ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  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 WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:45 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.commailto:bob@heartlandlaw.com) <bob@heartlandlaw.commailto:bob@heartlandlaw.com>
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM.

Lee​

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image001.png@01D70B78.CDDD6A60]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image002.png@01D70B78.CDDD6A60]
954.985.4147tel:954.985.4147

[cid:image003.png@01D70B78.CDDD6A60]
954.985.4176fax:954.985.4176
[cid:image004.png@01D70B78.CDDD6A60]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
[cid:image005.png@01D70B78.CDDD6A60]
www.beckerlawyers.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0
[cid:image006.png@01D70B78.CDDD6A60]
Connect with me on LinkedIn
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146462766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bKniW6Kv0c6jGmCCi5GRLjslMBYBrwaju5%2FmnEySdCQ%3D&reserved=0
[cid:image007.png@01D70B78.CDDD6A60]
Follow me onhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0 Twitter
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0
[cid:image008.jpg@01D70B78.CDDD6A60]
Follow Becker on...
[Facebook]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=oZnJYBNYpejiBuZTblskDUN8cp%2BkgOmFVlYNmlpoBnU%3D&reserved=0
[LinkedIn]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kYykwVhUUMXUSIgPffVOfay%2F5licfaYYg0h8MeBTkpE%3D&reserved=0
[Twitter]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146492752%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BaNMcEAvzm2QlLT79dnNJsJV65A5CKr1Sns7rr%2FNUH0%3D&reserved=0
[YouTube]https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SYN6ap0Kud8YI4Dr6La9UlTh0yQMqvfU07UwCZoB4yU%3D&reserved=0
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:42 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.commailto:bob@heartlandlaw.com) <bob@heartlandlaw.commailto:bob@heartlandlaw.com>
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee​

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image001.png@01D70B78.CDDD6A60]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ZdS9hYQgfUJOvk6z%2F4O3TBKbsDoliCApDZnfqpEqLjw%3D&reserved=0
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image002.png@01D70B78.CDDD6A60]
954.985.4147tel:954.985.4147

[cid:image003.png@01D70B78.CDDD6A60]
954.985.4176fax:954.985.4176
[cid:image004.png@01D70B78.CDDD6A60]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
[cid:image005.png@01D70B78.CDDD6A60]
www.beckerlawyers.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=y%2FDos%2FLacpS6XjQC5Nksf1m%2F5cqND39zVQdryToZc9Q%3D&reserved=0
[cid:image006.png@01D70B78.CDDD6A60]
Connect with me on LinkedIn
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=cYrgM03xP8QtLKpWfwhmF6kr5iS5xWcJSymDcgFm6IA%3D&reserved=0
[cid:image007.png@01D70B78.CDDD6A60]
Follow me onhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146522736%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=rBdAKKwSFdR65EB25aT%2Bx9DopJ5%2FDkszIR9gqh9tSAo%3D&reserved=0 Twitter
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=iFIHl9xIoQ73fsn39MV%2BQjMAqY8HdaCU7RTPNomxs%2FI%3D&reserved=0
[cid:image008.jpg@01D70B78.CDDD6A60]
Follow Becker on...
[Facebook]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=elIibKAZNA87yRYFrluZgNvaZ7umDyPAnMrNIVr2grs%3D&reserved=0
[LinkedIn]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ON8ikaEN8%2F5mkPPvmHxNTPxqDWp2Ar9UFmSy3CxnSrE%3D&reserved=0
[Twitter]https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Y1Gzd%2BDecSe2m81hbmZJxGH8dXcKo04tZb98F07Vnyk%3D&reserved=0
[YouTube]https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146552723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=O7BI8qzJaQONtB4Nr6RmIWEIKuhOmYCBRbhCGhlakSM%3D&reserved=0
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.barrykalmanson.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146562719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Awr4RvpVGKNkh4JGA036Vn6qztSZj5KAv6leyL1iQNQ%3D&reserved=0

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Discuss away, but call my cell if you want to discuss the Section’s legislative process and why any CLC decision will not change the Section’s position on the bill. Long story short, bills are amended daily and, if Section procedures required each amendment to go back to the committee level for approval, which would then require it to go back to the Executive Council level for approval, the legislative session will be over. That is why the Section has the procedures in place that it does. Anyone interested in being on the front line as legislative amendments like this occur should call me to discuss how to get involved at the Section’s Executive Council level. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Follow me on Twitter Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 12:19 PM To: clc-discussion@lists.flabarrpptl.org Cc: Bob Swaine (bob@heartlandlaw.com) <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 Lee, I am confused, which at my age easily occurs. Since, along with Barry, I too am a legal advisor to the NACM affiliated committee made up of companies which seek to strengthen and promote good lien/bond law legislation, I do not recall that the issues presently being promoted by RPPTL and AGC were ever presented to the CLC for its recommendations to the Executive Council of RPPTL. Am I missing something here? How can RPPTL take a position without membership input? Among other things, the revisions proposed relating to the form of a lien/bond waiver need to be further addressed. The freedom to contract concept AGC is promoting is, as we all know, illusionary with the disproportionate negotiating power of owners and general contractors. I have seen instances where clients have lost insurance claim and subrogation rights because of over-reaching contractually agreed to lien/bond waiver forms, just so they could get their pending draws/payments for labor, service and materials furnished. I believe, given the 11th hour of this matter and the deliberations of the legislative committees in Tallahassee reviewing these pending Bills, that we have a phone conference CLC meeting this week to discuss this matter. PLEASE NOTE THAT EFFECTIVE FEBRUARY 19, 2021, OUR NEW OFFICE ADDRESS SHALL BE: 2600 LAKE LUCIEN DRIVE, SUITE 405, MATILAND, FLORIDA 32751 Regards, Robert B. Worman Robert B. Worman Worman & Sheffler, P.A. 2600 Lake Lucien Drive Suite 405 Maitland, Florida 32751 407 843-5353 REMOTE OFFICE DIRECT PHONE 561 336-4982 rworman@wormanlaw.com<mailto:rworman@wormanlaw.com> www.wormanlaw.com<http://www.wormanlaw.com/> NOTICE: 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 ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 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 WORMAN & SHEFFLER, P.A. TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:45 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: Bob Swaine (bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>) <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image001.png@01D70B78.CDDD6A60]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image002.png@01D70B78.CDDD6A60] 954.985.4147<tel:954.985.4147> [cid:image003.png@01D70B78.CDDD6A60] 954.985.4176<fax:954.985.4176> [cid:image004.png@01D70B78.CDDD6A60] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image005.png@01D70B78.CDDD6A60] www.beckerlawyers.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146452775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uDpRo84ZdsskD3ANr9ZgTT3k4SObnfN7gicuc9OqjXI%3D&reserved=0> [cid:image006.png@01D70B78.CDDD6A60] Connect with me on LinkedIn <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146462766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bKniW6Kv0c6jGmCCi5GRLjslMBYBrwaju5%2FmnEySdCQ%3D&reserved=0> [cid:image007.png@01D70B78.CDDD6A60] Follow me on<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0> Twitter <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146472763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dqK%2BysrX%2BbsQckN5Jo5RT5Prj%2FLxFXjVzbugw3Y9aBg%3D&reserved=0> [cid:image008.jpg@01D70B78.CDDD6A60] Follow Becker on... [Facebook]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=oZnJYBNYpejiBuZTblskDUN8cp%2BkgOmFVlYNmlpoBnU%3D&reserved=0> [LinkedIn]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146482759%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kYykwVhUUMXUSIgPffVOfay%2F5licfaYYg0h8MeBTkpE%3D&reserved=0> [Twitter]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146492752%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BaNMcEAvzm2QlLT79dnNJsJV65A5CKr1Sns7rr%2FNUH0%3D&reserved=0> [YouTube]<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SYN6ap0Kud8YI4Dr6La9UlTh0yQMqvfU07UwCZoB4yU%3D&reserved=0> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:42 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: Bob Swaine (bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>) <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image001.png@01D70B78.CDDD6A60]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146502747%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ZdS9hYQgfUJOvk6z%2F4O3TBKbsDoliCApDZnfqpEqLjw%3D&reserved=0> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image002.png@01D70B78.CDDD6A60] 954.985.4147<tel:954.985.4147> [cid:image003.png@01D70B78.CDDD6A60] 954.985.4176<fax:954.985.4176> [cid:image004.png@01D70B78.CDDD6A60] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image005.png@01D70B78.CDDD6A60] www.beckerlawyers.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=y%2FDos%2FLacpS6XjQC5Nksf1m%2F5cqND39zVQdryToZc9Q%3D&reserved=0> [cid:image006.png@01D70B78.CDDD6A60] Connect with me on LinkedIn <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146512743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=cYrgM03xP8QtLKpWfwhmF6kr5iS5xWcJSymDcgFm6IA%3D&reserved=0> [cid:image007.png@01D70B78.CDDD6A60] Follow me on<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146522736%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=rBdAKKwSFdR65EB25aT%2Bx9DopJ5%2FDkszIR9gqh9tSAo%3D&reserved=0> Twitter <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=iFIHl9xIoQ73fsn39MV%2BQjMAqY8HdaCU7RTPNomxs%2FI%3D&reserved=0> [cid:image008.jpg@01D70B78.CDDD6A60] Follow Becker on... [Facebook]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146532732%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=elIibKAZNA87yRYFrluZgNvaZ7umDyPAnMrNIVr2grs%3D&reserved=0> [LinkedIn]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ON8ikaEN8%2F5mkPPvmHxNTPxqDWp2Ar9UFmSy3CxnSrE%3D&reserved=0> [Twitter]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146542730%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Y1Gzd%2BDecSe2m81hbmZJxGH8dXcKo04tZb98F07Vnyk%3D&reserved=0> [YouTube]<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146552723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=O7BI8qzJaQONtB4Nr6RmIWEIKuhOmYCBRbhCGhlakSM%3D&reserved=0> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.barrykalmanson.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C5cf524aad67741218f9108d8d9ae580b%7C68fc084f55084277b842e0ec34a978fa%7C0%7C0%7C637498690146562719%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Awr4RvpVGKNkh4JGA036Vn6qztSZj5KAv6leyL1iQNQ%3D&reserved=0> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
RC
RPPTL CLC-Discussion
Thu, Feb 25, 2021 6:30 PM

Wait a minute – this is confusing – These reasons sound like some double-pinky swear stuff and are not real reasons at all. None of these can’t already be addressed in the contract or as the law is currently interpreted.

“Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers]. But the Owner has a (Prime) contract with the GC and the GC incorporated all the provisions in the Prime into the subcontracts and so on, down the line.

(same for the general contractor with respect to the sub-subs and suppliers), Again – everybody incorporated the main contract into (or made it a requirement or) all the succeeding one – or should have. We all have language demanding this.

so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

Warrant that the work performed, or material supplied under the lien waiver is in accordance with the lienor’s contract. The contract requires this, at least the ones I see. Besides, Count 1 is usually “you did not perform in accordance with the contract” and the AIA pay app already says this for big jobs.

Warrant that the work performed, or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). How did it get passed by the AHJ, EOR, Arch, or Owner if it didn’t?

Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). Really? And that promise is worth what in court? Also, in any Contract (and all standard pay apps).

Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). Your contract said this, too.

Warrant that the lienor has not assigned its lien rights to another party. A release, by its nature, does this otherwise it is a fraudulent release because you had no ability to release anything because you had given it away.

Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. Again, something that is inherent in a statutory release.

Sorry, these sound like excuses for the changes to releases – but remember – the bill allows anything to be added as long as its in the contract and that includes surety notices for non-payment. That, I fear, is the reason for these changes.

Jeff

[cid:image001.png@01D70B7A.63DC3310]https://www.npw-law.com/

Wait a minute – this is confusing – These reasons sound like some double-pinky swear stuff and are not real reasons at all. None of these can’t already be addressed in the contract or as the law is currently interpreted. “Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers]. But the Owner has a (Prime) contract with the GC and the GC incorporated all the provisions in the Prime into the subcontracts and so on, down the line. (same for the general contractor with respect to the sub-subs and suppliers), Again – everybody incorporated the main contract into (or made it a requirement or) all the succeeding one – or should have. We all have language demanding this. so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: Warrant that the work performed, or material supplied under the lien waiver is in accordance with the lienor’s contract. The contract requires this, at least the ones I see. Besides, Count 1 is usually “you did not perform in accordance with the contract” and the AIA pay app already says this for big jobs. Warrant that the work performed, or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). How did it get passed by the AHJ, EOR, Arch, or Owner if it didn’t? Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). Really? And that promise is worth what in court? Also, in any Contract (and all standard pay apps). Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). Your contract said this, too. Warrant that the lienor has not assigned its lien rights to another party. A release, by its nature, does this otherwise it is a fraudulent release because you had no ability to release anything because you had given it away. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. Again, something that is inherent in a statutory release. Sorry, these sound like excuses for the changes to releases – but remember – the bill allows anything to be added as long as its in the contract and that includes surety notices for non-payment. That, I fear, is the reason for these changes. Jeff [cid:image001.png@01D70B7A.63DC3310]<https://www.npw-law.com/>
Attached image
RC
RPPTL CLC-Discussion
Sat, Feb 27, 2021 2:39 PM

Anybody who has a question or wishes to discuss this can call my cell phone at 954 347 3340. Otherwise we can provide an update at our next monthly committee meeting.

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow me on Twitter
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Thursday, February 25, 2021 9:01:42 AM
To: clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Cc: 'Bob Swaine' bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

Lee,

I’m confused by who “we” is.  What is the current position of RPPTL, and is it inconsistent with the position of our legislative committee (putting aside the position of Barry’s trade group)?  It would be good to be apprised of this now as opposed to waiting until the next meeting.

Thanks,

Fred

Frederick C. Barnes, Esq.

Board Certified Construction Lawyer

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

www.fcbarneslaw.comhttp://www.fcbarneslaw.com/

[rsz_1fcb_lrg_logo]

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:45 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.com) bob@heartlandlaw.com
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM.

Lee​

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

[cid:image003.png@01D70B6D.EF926AD0]http://www.beckerlawyers.com/

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

[cid:image004.png@01D70B6D.EF926AD0]

954.985.4147tel:954.985.4147

[cid:image005.png@01D70B6D.EF926AD0]

954.985.4176

[cid:image006.png@01D70B6D.EF926AD0]

lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com

[cid:image007.png@01D70B6D.EF926AD0]

www.beckerlawyers.comhttp://www.beckerlawyers.com/

[cid:image008.png@01D70B6D.EF926AD0]

Connect with me on LinkedIn
http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813

[cid:image009.png@01D70B6D.EF926AD0]

Follow me onhttp://twitter.com/leeweintraub Twitter
http://twitter.com/leeweintraub

[cid:image010.jpg@01D70B6D.EF926AD0]

Follow Becker on...

[Facebook]http://www.facebook.com/beckerpoliakoff

[LinkedIn]http://www.linkedin.com/company/becker-&-poliakoff-p.a.

[Twitter]http://twitter.com/BeckerPoliakoff

[YouTube]https://www.youtube.com/user/bplawfirm

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:42 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Cc: Bob Swaine (bob@heartlandlaw.commailto:bob@heartlandlaw.com) <bob@heartlandlaw.commailto:bob@heartlandlaw.com>
Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

The construction law committee does not have the right to direct the Section’s lobbyist.  This is in the hands of the entire RPPTL Executive Council now.

Barry circulated this because we are taking a position adverse to the position RPPTL is taking.

Lee​

A.

Weintraub

Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

[cid:image003.png@01D70B6D.EF926AD0]http://www.beckerlawyers.com/

Becker & Poliakoff

1 East Broward Blvd., Suite 1800

Ft. Lauderdale,

FL

33301

[cid:image004.png@01D70B6D.EF926AD0]

954.985.4147tel:954.985.4147

[cid:image005.png@01D70B6D.EF926AD0]

954.985.4176

[cid:image006.png@01D70B6D.EF926AD0]

lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com

[cid:image007.png@01D70B6D.EF926AD0]

www.beckerlawyers.comhttp://www.beckerlawyers.com/

[cid:image008.png@01D70B6D.EF926AD0]

Connect with me on LinkedIn
http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813

[cid:image009.png@01D70B6D.EF926AD0]

Follow me onhttp://twitter.com/leeweintraub Twitter
http://twitter.com/leeweintraub

[cid:image010.jpg@01D70B6D.EF926AD0]

Follow Becker on...

[Facebook]http://www.facebook.com/beckerpoliakoff

[LinkedIn]http://www.linkedin.com/company/becker-&-poliakoff-p.a.

[Twitter]http://twitter.com/BeckerPoliakoff

[YouTube]https://www.youtube.com/user/bplawfirm

Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
​

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, February 25, 2021 11:35 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473

EXTERNAL EMAIL - This message originated from an External Source.

CLC Members

Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the  RPPTL  lobbyist is supporting amendments to SB 622 and HB 473 as set forth below.

Please share your opinions on this issue with the entire CLC.

Sincerely,

Barry Kalmanson

500 N. Maitland Avenue

Suite 305

Maitland, Fl. 32751

407-645-4500 x 215

WWW.BARRYKALMANSON.COMhttp://www.barrykalmanson.com

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Monday, February 22, 2021 1:19 PM

Cc: French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Sure.  For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor:

  1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract.

  2. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code).

  3. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub).

  4. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier).

  5. Warrant that the lienor has not assigned its lien rights to another party.

  6. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project.

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

From: Warren Husband <whh@MHDFirm.commailto:whh@MHDFirm.com>
Sent: Friday, February 19, 2021 9:46 AM
To: perry.keith@flsenate.govmailto:perry.keith@flsenate.gov; Jackie.Toledo@myfloridahouse.govmailto:Jackie.Toledo@myfloridahouse.gov; Ramba, Megan <Ramba.Megan@flsenate.govmailto:Ramba.Megan@flsenate.gov>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.govmailto:Clayton.Clemens@myfloridahouse.gov>
Cc:  French Brown (FBrown@deanmead.commailto:FBrown@deanmead.com) <FBrown@deanmead.commailto:FBrown@deanmead.com>; Carol Bowen (cbowen@abceastflorida.commailto:cbowen@abceastflorida.com) <cbowen@abceastflorida.commailto:cbowen@abceastflorida.com>; Kari Hebrank (KHebrank@carltonfields.commailto:KHebrank@carltonfields.com) <KHebrank@carltonfields.commailto:KHebrank@carltonfields.com>; Rusty Payton (rpayton@fhba.commailto:rpayton@fhba.com) <rpayton@fhba.commailto:rpayton@fhba.com>
Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update)

Good morning, one and all.  On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill.

In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on:  (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien.

In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items:  service address and single claim of lien.

On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form.  On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.

As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill.

However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers.  As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job.

We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form.  As explained in the attached document, the language we propose is as follows:

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release.

Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form.

We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible.

Thanks to everyone for their efforts on this bill.

I hope everyone has a good weekend after this lengthy committee week!

[WHH signature]

This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you.

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

Anybody who has a question or wishes to discuss this can call my cell phone at 954 347 3340. Otherwise we can provide an update at our next monthly committee meeting. ________________________________ Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 954.985.4147 954.985.4176 lweintraub@beckerlawyers.com www.beckerlawyers.com Connect with me on LinkedIn Follow me on Twitter Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> Sent: Thursday, February 25, 2021 9:01:42 AM To: clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.org> Cc: 'Bob Swaine' <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 Lee, I’m confused by who “we” is. What is the current position of RPPTL, and is it inconsistent with the position of our legislative committee (putting aside the position of Barry’s trade group)? It would be good to be apprised of this now as opposed to waiting until the next meeting. Thanks, Fred Frederick C. Barnes, Esq. Board Certified Construction Lawyer 500 N. Maitland Ave., Suite 305 Maitland, FL 32751 (407) 865-9200 www.fcbarneslaw.com<http://www.fcbarneslaw.com/> [rsz_1fcb_lrg_logo] From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:45 AM To: clc-discussion@lists.flabarrpptl.org Cc: Bob Swaine (bob@heartlandlaw.com) <bob@heartlandlaw.com> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 To clarify, RPPTL and AGC together are taking a position adverse to a position Barry is advocating on behalf of his trade association NACM. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image003.png@01D70B6D.EF926AD0]<http://www.beckerlawyers.com/> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image004.png@01D70B6D.EF926AD0] 954.985.4147<tel:954.985.4147> [cid:image005.png@01D70B6D.EF926AD0] 954.985.4176 [cid:image006.png@01D70B6D.EF926AD0] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image007.png@01D70B6D.EF926AD0] www.beckerlawyers.com<http://www.beckerlawyers.com/> [cid:image008.png@01D70B6D.EF926AD0] Connect with me on LinkedIn <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> [cid:image009.png@01D70B6D.EF926AD0] Follow me on<http://twitter.com/leeweintraub> Twitter <http://twitter.com/leeweintraub> [cid:image010.jpg@01D70B6D.EF926AD0] Follow Becker on... [Facebook]<http://www.facebook.com/beckerpoliakoff> [LinkedIn]<http://www.linkedin.com/company/becker-&-poliakoff-p.a.> [Twitter]<http://twitter.com/BeckerPoliakoff> [YouTube]<https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:42 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: Bob Swaine (bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>) <bob@heartlandlaw.com<mailto:bob@heartlandlaw.com>> Subject: Re: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 The construction law committee does not have the right to direct the Section’s lobbyist. This is in the hands of the entire RPPTL Executive Council now. Barry circulated this because we are taking a position adverse to the position RPPTL is taking. Lee​ A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image003.png@01D70B6D.EF926AD0]<http://www.beckerlawyers.com/> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image004.png@01D70B6D.EF926AD0] 954.985.4147<tel:954.985.4147> [cid:image005.png@01D70B6D.EF926AD0] 954.985.4176 [cid:image006.png@01D70B6D.EF926AD0] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image007.png@01D70B6D.EF926AD0] www.beckerlawyers.com<http://www.beckerlawyers.com/> [cid:image008.png@01D70B6D.EF926AD0] Connect with me on LinkedIn <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> [cid:image009.png@01D70B6D.EF926AD0] Follow me on<http://twitter.com/leeweintraub> Twitter <http://twitter.com/leeweintraub> [cid:image010.jpg@01D70B6D.EF926AD0] Follow Becker on... [Facebook]<http://www.facebook.com/beckerpoliakoff> [LinkedIn]<http://www.linkedin.com/company/becker-&-poliakoff-p.a.> [Twitter]<http://twitter.com/BeckerPoliakoff> [YouTube]<https://www.youtube.com/user/bplawfirm> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. ​ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, February 25, 2021 11:35 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Liens and Bonds - CS/SB 622 and HB 473 EXTERNAL EMAIL - This message originated from an External Source. CLC Members Please find the emails setting forth the positions of RPPTL being argued this week before the Florida legislature. RPPTL via the RPPTL lobbyist is supporting amendments to SB 622 and HB 473 as set forth below. Please share your opinions on this issue with the entire CLC. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM<http://www.barrykalmanson.com> From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Monday, February 22, 2021 1:19 PM Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: RE: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Sure. For example, if you are the owner or lender, you do not have a contract with the subs, subs-subs, or suppliers (same for the general contractor with respect to the sub-subs and suppliers), so you might want the lien waivers obtained from each of these potential lienors during the course of construction to warrant the following to the owner, lender, and/or general contractor: 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the lienor’s contract. 1. Warrant that the work performed or material supplied under the lien waiver is in accordance with the Florida Building Code (and any required product approvals under the Code). 1. Warrant that the work under the lien waiver was performed in a workmanlike manner (for a sub or sub-sub). 1. Warrant that the materials supplied under the lien waiver were new and of good quality (for a supplier). 1. Warrant that the lienor has not assigned its lien rights to another party. 1. Warrant that the lienor is not delinquent in paying any of its subs or suppliers on the project. [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. From: Warren Husband <whh@MHDFirm.com<mailto:whh@MHDFirm.com>> Sent: Friday, February 19, 2021 9:46 AM To: perry.keith@flsenate.gov<mailto:perry.keith@flsenate.gov>; Jackie.Toledo@myfloridahouse.gov<mailto:Jackie.Toledo@myfloridahouse.gov>; Ramba, Megan <Ramba.Megan@flsenate.gov<mailto:Ramba.Megan@flsenate.gov>>; Clemens, Clayton <Clayton.Clemens@myfloridahouse.gov<mailto:Clayton.Clemens@myfloridahouse.gov>> Cc: French Brown (FBrown@deanmead.com<mailto:FBrown@deanmead.com>) <FBrown@deanmead.com<mailto:FBrown@deanmead.com>>; Carol Bowen (cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>) <cbowen@abceastflorida.com<mailto:cbowen@abceastflorida.com>>; Kari Hebrank (KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>) <KHebrank@carltonfields.com<mailto:KHebrank@carltonfields.com>>; Rusty Payton (rpayton@fhba.com<mailto:rpayton@fhba.com>) <rpayton@fhba.com<mailto:rpayton@fhba.com>> Subject: Construction Liens and Bonds - CS/SB 622 and HB 473 (Status Update) Good morning, one and all. On behalf of RPPTL, AGC, ABC, and the Home Builders, we wanted to touch base with Sen. Perry, Rep. Toledo, and Melissa on where we currently stand as we try to resolve our remaining concerns with this bill. In sum, as the bill now stands in the form of CS/SB 622, there are three issues remaining from our earlier correspondence, which involve the provisions on: (a) lien waivers, (2) service address for lien documents, and (3) the conditions for filing a single claim of lien. In the attached document, we propose a compromise in which we would recede from our objections and accept the current language in the bill with respect to the last two items: service address and single claim of lien. On the lien waiver issue, we would also accept the language last proposed by the Suppliers stating that lien waivers “shall” (rather than “may”) substantially comply with the statutory form. On the Suppliers’ proposed language below that would render a waiver unenforceable if it varies from the statutory waiver form, however, we simply cannot agree that this is sound public policy. (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release. As proposed, the language would render a lien waiver that includes any “extra” terms completely unenforceable, even with respect to its waiver of lien rights and even if the lienor had entered into a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. While there are positive elements in the bill that would be helpful across all segments of the construction industry, the problems created by this proposed language simply outweigh the positive elements and make it impossible for us to support the bill. However, we are suggesting alternative language that we genuinely believe will accomplish the objectives of the Suppliers. As explained to us, the Suppliers do not want to be bound by the terms of lengthy and complicated waiver forms that their customers (subs and sub-subs) are pressuring them to sign in the context of those customers seeking progress payments or final payments on a job. We have no issue with that concept unless the Supplier has entered into a contract in which they agreed to the “extra” terms or to the use of a non-statutory waiver form. As explained in the attached document, the language we propose is as follows: (8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable only to the extent of its release or waiver of lien rights or as otherwise agreed to in the lienor’s contract in accordance with the terms of the lien waiver or lien release. Importantly, this language should still afford the Suppliers what they want -- the capacity to sign all manner of waiver forms, even those with “extra” terms, without fear that those “extra” terms are enforceable, so long as the Supplier has not signed a contract agreeing to the “extra” terms or to the use of a non-statutory waiver form. We remain ready to discuss the matter further with all involved, and we continue to believe that a resolution is possible. Thanks to everyone for their efforts on this bill. I hope everyone has a good weekend after this lengthy committee week! [WHH signature] This transmission and its attachments, if any, may contain confidential and legally privileged information. If you are not an intended recipient, you are hereby notified that any review, distribution, duplication, or use of any of the information contained in or attached to this transmission is strictly prohibited. If you are not an intended recipient, please immediately notify us by reply e-mail and destroy the original transmission and its attachments without reading or saving in any manner. Please note that this transmission does not create an attorney-client relationship if the recipient is not already a client. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Confidentiality Notice: This message including files attached to it, may contain confidential information that is intended only for use of the Addressee(s) names above. If you are not an intended recipient any dissemination or copying of the information contained in this message or the taking of any action in reliance upon the information is strictly prohibited. If you have received this message in error, please notify the sender immediately by return Email or by phone and delete the original transmission and any attachments without reading or saving in any manner. Thank you. CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
Empathy v1.0   2026 ©EMWD.com
Documentation