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               Hollywood, FL 33020

Please let us know the outcome of this issue and the theory used by the court. This will make a good case study. ed [http://uslegalteam.com/WMLOGO.png]<http://uslegalteam.com> <http://legalteamusa.net/zwm-florida-today-business-of-the-year/> Ed Kinberg, Attorney at Law 1990 W New Haven Ave Ste. 201 Melbourne, Florida 32904 (321) 255-2332 (321) 255-2351 [https://zwmlegal.com/emailsig/pri.jpg]<http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm> NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you. From: Lane, Joseph [mailto:joseph.lane@lowndes-law.com] Sent: Tuesday, August 09, 2016 2:25 PM To: Ed Kinberg <EJK@uslegalteam.com>; Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com>; Gibbons, Michael <Michael.Gibbons@lowndes-law.com>; 'Randall Gilbert' <rgilbert@theconstructionlawyers.com>; clc-discussion@lists.flabarrpptl.org Subject: RE: Lien rights for non-conforming goods? I think to be lienable the work ( windows) must comply with Owner’s authorized contract. Only then is the contract price impounded by the proper payments requirement. The hypo says the windows did not comply due to some error downstream of Owner. In any event Judge Michael Gibbons is about to rule so let’s see. Joseph A. Lane, Esq. Board Certified in Construction Law by The Florida Bar Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, FL 32801 Phone: 407-418-6343 Fax: 407-843-4444 email: joe.lane@lowndes-law.com<mailto:joe.lane@lowndes-law.com> www.lowndes-law.com<http://www.lowndes-law.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Ed Kinberg Sent: Tuesday, August 09, 2016 2:03 PM To: Reese J. Henderson, Jr.; Gibbons, Michael; 'Randall Gilbert'; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods? I agree with Reese. If the manufacturer had not role in the error, i.e. they were made to the requested spec, it will have lien rights. [http://uslegalteam.com/WMLOGO.png]<http://uslegalteam.com> Ed Kinberg, Attorney at Law 1990 W New Haven Ave Ste. 201 Melbourne, Florida 32904 (321) 255-2332 (321) 255-2351 [https://zwmlegal.com/emailsig/pri.jpg]<http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm> NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, August 09, 2016 1:36 PM To: 'Gibbons, Michael' <Michael.Gibbons@lowndes-law.com<mailto:Michael.Gibbons@lowndes-law.com>>; 'Randall Gilbert' <rgilbert@theconstructionlawyers.com<mailto:rgilbert@theconstructionlawyers.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods? My friend Michael is incorrect. See § 713.01(13); see also Aquatic Plant Management, Inc. v. Paramount Engineering, Inc., 977 So.2d 600 (Fla. 4th DCA 2007). Assuming, of course, the windows really were specially fabricated for this project. Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. 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From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael Sent: Tuesday, August 09, 2016 1:19 PM To: 'Randall Gilbert'; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods? Per 713.06(1), the answer appears to be “no”. Michael R. Gibbons (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>) Shareholder Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, FL 32801 Phone: 407-418-6378 Fax: 407-843-4444 email: michael.gibbons@lowndes-law.com<mailto:michael.gibbons@lowndes-law.com> website: http://www.lowndes-law.com<http://www.lowndes-law.com/> [cid:image001.jpg@01D1F24B.FFA61B00] From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Randall Gilbert Sent: Tuesday, August 09, 2016 12:11 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Lien rights for non-conforming goods? 1. OWNER contracts with GC for installation of Windows. 2. GC orders windows from MANUFACTURER/MATERIALMAN. 3. MANUFACTURER specially fabricates Windows and delivers same to OWNER’S house. 4. Assume the windows are manufactured exactly how the GC ordered them, but that the GC provided incorrect specifications to the MANUFACTURER. 5. Upon delivery, OWNER fires GC. 6. OWNER further advises MANUFACTURER that the windows are all the wrong dimensions and wrong energy ratings (in other words non-conforming goods that do not conform with the plans). 7. The Windows have not been installed. 8. Based on the above facts, does the MANUFACTURER/MATERIALMAN have lien rights against the OWNER for non-conforming goods? Sincerely yours, Address: 1720 Harrison Street, Penthouse B Hollywood, FL 33020 Office: (954) 620-5000 Fax: (954) 620-5105 Web#1: www.TheConstructionLawyers.com<http://www.theconstructionlawyers.com/> Randall Gilbert, Esq. Web#2: www.TheTitleLawyers.com<http://www.thetitlelawyers.com/> Board Certified Construction Lawyer Web#3: www.TheCorporateLawyers.com<http://www.thecorporatelawyers.com/> [cid:image002.jpg@01D1F24B.FFA61B00][cid:image003.gif@01D1F24B.FFA61B00] 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. 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