Empathy List Archives

LT

leslie.tomczak (at) akerman.com

Tue, Oct 8, 2019 9:09 PM

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

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Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

BK

Barry Kalmanson

Tue, Oct 8, 2019 9:53 PM

Depending on the facts. You may want to research bulk order sales/materials before you get to the permanent benefit issue. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message-----
From: leslie.tomczak leslie.tomczak@akerman.com
To: clc-discussion clc-discussion@lists.flabarrpptl.org
Sent: Tue, Oct 8, 2019 5:10 pm
Subject: [CLC-Discussion] Lien Law Question

Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this casecontracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com
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Depending on the facts. You may want to research bulk order sales/materials before you get to the permanent benefit issue. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com -----Original Message----- From: leslie.tomczak <leslie.tomczak@akerman.com> To: clc-discussion <clc-discussion@lists.flabarrpptl.org> Sent: Tue, Oct 8, 2019 5:10 pm Subject: [CLC-Discussion] Lien Law Question Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this casecontracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com vCard |Profile CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion

GM

Gibbons, Michael

Tue, Oct 8, 2019 11:09 PM

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances.

Michael R. Gibbons
Shareholder
215 N. Eola Drive
Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:michael.gibbons@lowndes-law.com | Websitehttps://www.lowndes-law.com/ | Biohttps://www.lowndes-law.com/professionals/michael-r-gibbons | LinkedIn | vCardhttps://www.lowndes-law.com/professionals/michael-r-gibbons-vcard
[Lowndes-logo-Web]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

vCardhttps://www.akerman.com/vcards/193.vcf | Profilehttps://www.akerman.com/en/people/leslie-miller-tomczak.html

[Akerman Logo]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

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

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances. Michael R. Gibbons Shareholder 215 N. Eola Drive Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 Email<mailto:michael.gibbons@lowndes-law.com> | Website<https://www.lowndes-law.com/> | Bio<https://www.lowndes-law.com/professionals/michael-r-gibbons> | LinkedIn | vCard<https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard> [Lowndes-logo-Web] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com Sent: Tuesday, October 08, 2019 5:10 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Lien Law Question CAUTION: THIS IS AN EXTERNAL EMAIL Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com

TR

Timothy R. Moorhead

Wed, Oct 9, 2019 2:53 AM

Late Night CLC discussion enthusiasts,

I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins.

My argument would be, what makes up the whole of what the Owner contracted for?

[Wright, Fulford, Moorhead & Brown, P.A.]http://www.wfmblaw.com/
Timothy R. Moorhead, Esq.
Board Certified in Construction Law
505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701
T: (407) 425-0234tel:(407)425-0234 | F: (407) 425-0260tel:(407)425-0260
Emailmailto:tmoorhead@wfmblaw.com | Websitehttp://www.wfmblaw.com | vCardhttp://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead

[http://www.martindale.com/marketyourfirm/mhratings/img/av2017-rating-full.png]http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral
This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Gibbons, Michael
Sent: Tuesday, October 8, 2019 7:09 PM
To: 'leslie.tomczak@akerman.com' leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances.

Michael R. Gibbons
Shareholder
215 N. Eola Drive
Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:michael.gibbons@lowndes-law.com | Websitehttps://www.lowndes-law.com/ | Biohttps://www.lowndes-law.com/professionals/michael-r-gibbons | LinkedIn | vCardhttps://www.lowndes-law.com/professionals/michael-r-gibbons-vcard
[Lowndes-logo-Web]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

vCardhttps://www.akerman.com/vcards/193.vcf | Profilehttps://www.akerman.com/en/people/leslie-miller-tomczak.html

[Akerman Logo]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]

Late Night CLC discussion enthusiasts, I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins. My argument would be, what makes up the whole of what the Owner contracted for? [Wright, Fulford, Moorhead & Brown, P.A.]<http://www.wfmblaw.com/> Timothy R. Moorhead, Esq. Board Certified in Construction Law 505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701 T: (407) 425-0234<tel:(407)425-0234> | F: (407) 425-0260<tel:(407)425-0260> Email<mailto:tmoorhead@wfmblaw.com> | Website<http://www.wfmblaw.com> | vCard<http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead> [http://www.martindale.com/marketyourfirm/mhratings/img/av2017-rating-full.png]<http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral> This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Gibbons, Michael Sent: Tuesday, October 8, 2019 7:09 PM To: 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Lien Law Question CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances. Michael R. Gibbons Shareholder 215 N. Eola Drive Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 Email<mailto:michael.gibbons@lowndes-law.com> | Website<https://www.lowndes-law.com/> | Bio<https://www.lowndes-law.com/professionals/michael-r-gibbons> | LinkedIn | vCard<https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard> [Lowndes-logo-Web] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> Sent: Tuesday, October 08, 2019 5:10 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Lien Law Question CAUTION: THIS IS AN EXTERNAL EMAIL Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

MS

Mike Sechrest

Wed, Oct 9, 2019 6:34 AM

This is why always end up naked in the pool.

Michael D. Sechrest, Esq.
Board Certified Civil Trial Attorney
Board Certified Construction Attorney
Warner, Sechrest and Butts, P.A.
5200 SW 91st Terr. Suite 101
Gainesville, FL 32608
phone: (352) 373-5922
toll free: (866) 318-4878
fax: (352) 373-5921
email: sechrest@fbswlaw.com mailto:sechrest@fbswlaw.com
SuperLawyers
Avvo Superb 10.0
NADC Top One Percent Nationwide

On Oct 8, 2019, at 10:56 PM, Timothy R. Moorhead <tmoorhead@wfmblaw.com mailto:tmoorhead@wfmblaw.com> wrote:

Late Night CLC discussion enthusiasts,

I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins.

My argument would be, what makes up the whole of what the Owner contracted for?

[Wright, Fulford, Moorhead & Brown, P.A.]http://www.wfmblaw.com/
Timothy R. Moorhead, Esq.
Board Certified in Construction Law
505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701
T: (407) 425-0234tel:(407)425-0234 | F: (407) 425-0260tel:(407)425-0260
Emailmailto:tmoorhead@wfmblaw.com | Websitehttp://www.wfmblaw.com | vCardhttp://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead

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This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice.

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 Gibbons, Michael
Sent: Tuesday, October 8, 2019 7:09 PM
To: 'leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com>; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances.

Michael R. Gibbons
Shareholder
215 N. Eola Drive
Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:michael.gibbons@lowndes-law.com | Websitehttps://www.lowndes-law.com/ | Biohttps://www.lowndes-law.com/professionals/michael-r-gibbons | LinkedIn | vCardhttps://www.lowndes-law.com/professionals/michael-r-gibbons-vcard
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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

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[v4.30]

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This is why always end up naked in the pool. Michael D. Sechrest, Esq. Board Certified Civil Trial Attorney Board Certified Construction Attorney Warner, Sechrest and Butts, P.A. 5200 SW 91st Terr. Suite 101 Gainesville, FL 32608 phone: (352) 373-5922 toll free: (866) 318-4878 fax: (352) 373-5921 email: sechrest@fbswlaw.com<mailto:sechrest@fbswlaw.com> SuperLawyers Avvo Superb 10.0 NADC Top One Percent Nationwide On Oct 8, 2019, at 10:56 PM, Timothy R. Moorhead <tmoorhead@wfmblaw.com<mailto:tmoorhead@wfmblaw.com>> wrote: Late Night CLC discussion enthusiasts, I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins. My argument would be, what makes up the whole of what the Owner contracted for? [Wright, Fulford, Moorhead & Brown, P.A.]<http://www.wfmblaw.com/> Timothy R. Moorhead, Esq. Board Certified in Construction Law 505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701 T: (407) 425-0234<tel:(407)425-0234> | F: (407) 425-0260<tel:(407)425-0260> Email<mailto:tmoorhead@wfmblaw.com> | Website<http://www.wfmblaw.com> | vCard<http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead> [http://www.martindale.com/marketyourfirm/mhratings/img/av2017-rating-full.png]<http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral> This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice. 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 Gibbons, Michael Sent: Tuesday, October 8, 2019 7:09 PM To: 'leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com>' <leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien Law Question CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances. Michael R. Gibbons Shareholder 215 N. Eola Drive Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 Email<mailto:michael.gibbons@lowndes-law.com> | Website<https://www.lowndes-law.com/> | Bio<https://www.lowndes-law.com/professionals/michael-r-gibbons> | LinkedIn | vCard<https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard> <image001.png> LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> Sent: Tuesday, October 08, 2019 5:10 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Lien Law Question CAUTION: THIS IS AN EXTERNAL EMAIL Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion

BP

Bruce Partington

Wed, Oct 9, 2019 1:12 PM

I don’t think it’s a question of ease of removal per se, but of whether some disassembly is part of the removal. Unplugging from an electrical socket requires no disassembly. Unhooking an icemaker line does, as would pulling out a nail or removing knobs from kitchen cabinets. So, for example, a microwave that is in a cabinet with trim around it that has to be removed to take the microwave out is likely lienable. One that is just sitting on the counter and plugged in wouldn’t be. The ubiquitous Keurig machines are another example – some you just plug in and fill with water yourself. Some are not only plugged in, but connected to a water supply.

Another facet is the likelihood of damage to the property upon removal. Unplugging the microwave (or Keurig) and lifting it off of the counter is unlikely to cause damage to the property. Pulling an icemaker or “plumbed” Keurig out without also shutting off the water supply (which a total lay person novice may not know to do) could cause damage. Removing trim or even removing a nail from a wall can cause damage if not done properly with a modicum of knowledge and skill.

Bruce Partington | Shareholder
bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Timothy R. Moorhead
Sent: Tuesday, October 8, 2019 9:53 PM
To: Gibbons, Michael Michael.Gibbons@lowndes-law.com; 'leslie.tomczak@akerman.com' leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

Late Night CLC discussion enthusiasts,

I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins.

My argument would be, what makes up the whole of what the Owner contracted for?

[Wright, Fulford, Moorhead & Brown, P.A.]http://www.wfmblaw.com/

Timothy R. Moorhead, Esq.

Board Certified in Construction Law

505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701

T: (407) 425-0234tel:(407)425-0234 | F: (407) 425-0260tel:(407)425-0260

Emailmailto:tmoorhead@wfmblaw.com | Websitehttp://www.wfmblaw.com | vCardhttp://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead

[X]http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral

This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice.

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 Gibbons, Michael
Sent: Tuesday, October 8, 2019 7:09 PM
To: 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com>; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances.

Michael R. Gibbons
Shareholder
215 N. Eola Drive
Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:michael.gibbons@lowndes-law.com | Websitehttps://www.lowndes-law.com/ | Biohttps://www.lowndes-law.com/professionals/michael-r-gibbons | LinkedIn | vCardhttps://www.lowndes-law.com/professionals/michael-r-gibbons-vcard
[Lowndes-logo-Web]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com

vCardhttps://www.akerman.com/vcards/193.vcf | Profilehttps://www.akerman.com/en/people/leslie-miller-tomczak.html

[Akerman Logo]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]

I don’t think it’s a question of ease of removal per se, but of whether some disassembly is part of the removal. Unplugging from an electrical socket requires no disassembly. Unhooking an icemaker line does, as would pulling out a nail or removing knobs from kitchen cabinets. So, for example, a microwave that is in a cabinet with trim around it that has to be removed to take the microwave out is likely lienable. One that is just sitting on the counter and plugged in wouldn’t be. The ubiquitous Keurig machines are another example – some you just plug in and fill with water yourself. Some are not only plugged in, but connected to a water supply. Another facet is the likelihood of damage to the property upon removal. Unplugging the microwave (or Keurig) and lifting it off of the counter is unlikely to cause damage to the property. Pulling an icemaker or “plumbed” Keurig out without also shutting off the water supply (which a total lay person novice may not know to do) could cause damage. Removing trim or even removing a nail from a wall can cause damage if not done properly with a modicum of knowledge and skill. Bruce Partington | Shareholder bpartington@clarkpartington.com | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<http://clarkpartington.com/> [cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg] [cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]<https://www.facebook.com/ClarkPartington/> [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] <https://www.linkedin.com/company/2250553/admin/> [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] <https://twitter.com/ClarkPartington> [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Timothy R. Moorhead Sent: Tuesday, October 8, 2019 9:53 PM To: Gibbons, Michael <Michael.Gibbons@lowndes-law.com>; 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Lien Law Question Late Night CLC discussion enthusiasts, I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins. My argument would be, what makes up the whole of what the Owner contracted for? [Wright, Fulford, Moorhead & Brown, P.A.]<http://www.wfmblaw.com/> Timothy R. Moorhead, Esq. Board Certified in Construction Law 505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701 T: (407) 425-0234<tel:(407)425-0234> | F: (407) 425-0260<tel:(407)425-0260> Email<mailto:tmoorhead@wfmblaw.com> | Website<http://www.wfmblaw.com> | vCard<http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead> [X]<http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral> This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice. 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 Gibbons, Michael Sent: Tuesday, October 8, 2019 7:09 PM To: 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien Law Question CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances. Michael R. Gibbons Shareholder 215 N. Eola Drive Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 Email<mailto:michael.gibbons@lowndes-law.com> | Website<https://www.lowndes-law.com/> | Bio<https://www.lowndes-law.com/professionals/michael-r-gibbons> | LinkedIn | vCard<https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard> [Lowndes-logo-Web] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> Sent: Tuesday, October 08, 2019 5:10 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Lien Law Question CAUTION: THIS IS AN EXTERNAL EMAIL Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 leslie.tomczak@akerman.com<mailto:leslie.tomczak@akerman.com> vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

TM

Tom McKeel

Wed, Oct 9, 2019 1:22 PM

Does the requirement of sending a Notice to Owner have any impact on the answer?

J. Thomas McKeel, Esq.

J. Thomas McKeel, P.A.

303 Centre Street, Suite 103

Fernandina Beach, FL 32034

jtm@mckeellaw.com

904-261-9437

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Timothy R. Moorhead
Sent: Tuesday, October 8, 2019 10:53 PM
To: Gibbons, Michael Michael.Gibbons@lowndes-law.com; 'leslie.tomczak@akerman.com' leslie.tomczak@akerman.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

Late Night CLC discussion enthusiasts,

I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins.

My argument would be, what makes up the whole of what the Owner contracted for?

http://www.wfmblaw.com/

Timothy R. Moorhead, Esq.

Board Certified in Construction Law

505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701

T: tel:(407)425-0234 (407) 425-0234 | F: tel:(407)425-0260 (407) 425-0260

mailto:tmoorhead@wfmblaw.com Email | http://www.wfmblaw.com Website | http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead vCard

file:///C:/Users/tmoorhead.WFMBLAW/AppData/Roaming/Microsoft/Signatures/wfmb_files/image004.jpg

http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral

This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice.

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 Gibbons, Michael
Sent: Tuesday, October 8, 2019 7:09 PM
To: 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com >; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances.

Michael R. Gibbons

Shareholder

215 N. Eola Drive

Orlando, FL 32801

D: 407.418.6378 | P: 407.843.4600

mailto:michael.gibbons@lowndes-law.com Email | https://www.lowndes-law.com/ Website | https://www.lowndes-law.com/professionals/michael-r-gibbons Bio | LinkedIn | https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard vCard

LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com mailto:leslie.tomczak@akerman.com
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon. I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak

Office Managing Partner

Board Certified by the Florida Bar in Construction Law

LEED AP

Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301

D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224

mailto:leslie.tomczak@akerman.com leslie.tomczak@akerman.com

https://www.akerman.com/vcards/193.vcf vCard | https://www.akerman.com/en/people/leslie-miller-tomczak.html Profile
http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]

Does the requirement of sending a Notice to Owner have any impact on the answer? J. Thomas McKeel, Esq. J. Thomas McKeel, P.A. 303 Centre Street, Suite 103 Fernandina Beach, FL 32034 jtm@mckeellaw.com 904-261-9437 From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Timothy R. Moorhead Sent: Tuesday, October 8, 2019 10:53 PM To: Gibbons, Michael <Michael.Gibbons@lowndes-law.com>; 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Lien Law Question Late Night CLC discussion enthusiasts, I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract. Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws. Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket? Are the knobs on the kitchen cabinet protected? After all, its just one screw and a door can be removed through simply removing the hinge pins. My argument would be, what makes up the whole of what the Owner contracted for? <http://www.wfmblaw.com/> Timothy R. Moorhead, Esq. Board Certified in Construction Law 505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701 T: <tel:(407)425-0234> (407) 425-0234 | F: <tel:(407)425-0260> (407) 425-0260 <mailto:tmoorhead@wfmblaw.com> Email | <http://www.wfmblaw.com> Website | <http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead> vCard <file:///C:/Users/tmoorhead.WFMBLAW/AppData/Roaming/Microsoft/Signatures/wfmb_files/image004.jpg> <http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral> This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice. 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 Gibbons, Michael Sent: Tuesday, October 8, 2019 7:09 PM To: 'leslie.tomczak@akerman.com' <leslie.tomczak@akerman.com <mailto:leslie.tomczak@akerman.com> >; clc-discussion@lists.flabarrpptl.org <mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien Law Question CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien. On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien. Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement. If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement. Appears to be a very fact intensive question that can turn on the specifics of the installation more so than the nature of the appliance itself in some instances. Michael R. Gibbons Shareholder 215 N. Eola Drive Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 <mailto:michael.gibbons@lowndes-law.com> Email | <https://www.lowndes-law.com/> Website | <https://www.lowndes-law.com/professionals/michael-r-gibbons> Bio | LinkedIn | <https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard> vCard LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org <mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of leslie.tomczak@akerman.com <mailto:leslie.tomczak@akerman.com> Sent: Tuesday, October 08, 2019 5:10 PM To: clc-discussion@lists.flabarrpptl.org <mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Lien Law Question CAUTION: THIS IS AN EXTERNAL EMAIL Good afternoon. I have a “lien law” question. Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid? The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source. For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required. Is this “lienable” work under Florida law? Leslie Miller Tomczak Office Managing Partner Board Certified by the Florida Bar in Construction Law LEED AP Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301 D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224 <mailto:leslie.tomczak@akerman.com> leslie.tomczak@akerman.com <https://www.akerman.com/vcards/193.vcf> vCard | <https://www.akerman.com/en/people/leslie-miller-tomczak.html> Profile <http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]