Please let me know if anyone recommends a fiduciary expert as you requested.  FYI: the case of Security and Investment Corp. v. Droege, 529 So.2d 799, provides that the construction lender assumes the duty to use reasonable care to see that the funds are used to pay for the work done on the job.  Further, the case of Kables v. California Federal Savings and Loan Ass’n, 11 Fla. L. Weekly 2168, provides that the lender has a duty to the owner to exercise reasonable care to see that payments are made in compliance with the mechanics’ lien law.  Hope this helps.

Please note my new contact information below.  Have a good weekend.

Glenn Todd Williams, Esq.
Trial Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Friday, August 26, 2011 3:00 PM
To: swall@theconstructionlawfirm.com; constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Construction Loan Expert

To the extent the claim against the lender is premised upon alleged improper payments made by lender, you should review Fla. Stat. 713.06(2)(d) which places some constraints on claims against a construction lender and who is entitled to maintain such a claim. .

From: Steve Wall [mailto:swall@theconstructionlawfirm.com]
Sent: Friday, August 26, 2011 12:52 PM
To: 'RPPTL constructionlaw' constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Construction Loan Expert

I’m looking for an expert who can testify regarding the fiduciary (as opposed to contractual) obligations, if any, a lender has when issuing and approving draws under a construction loan.  Any suggestions/recommendations?  Thanks

Steve Wall

The Construction Law Firm

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Check the 2nd DCA opinion in Kalbes v. Sarasota Federal for a great discussion of the lender’s construction disbursement obligations PRE-statutory lender liability; this is the case I used to draft the statutory. Please let me know what you think.

Frederick Dudley | Holland & Knight
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve Wall
Sent: Friday, August 26, 2011 12:53 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Construction Loan Expert

I’m looking for an expert who can testify regarding the fiduciary (as opposed to contractual) obligations, if any, a lender has when issuing and approving draws under a construction loan.  Any suggestions/recommendations?  Thanks

Steve Wall
The Construction Law Firm

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