Correction - this is a solar panel plant

Angela M. Covington, Esq.
Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A.
712 South Oregon Avenue
Tampa, Florida  33606
Ph.: 813-250-0577
Fax: 813-250-9898
acovington@careyomalley.commailto:acovington@careyomalley.com
Board Certified in Construction Law

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From: Angela Covington
Sent: Friday, December 2, 2022 3:37 PM
To: 'clc-discussion@lists.flabarrpptl.org' clc-discussion@lists.flabarrpptl.org
Subject: Requesting Referral for Solar Expert

Good Afternoon.  Our firm is looking for an expert to evaluate a large commercial solar plant installation that does not appear to be working properly.  Please send any recommendations to acovington@careyomalley.commailto:acovington@careyomalley.com and mcarey@careyomalley.commailto:mcarey@careyomalley.com.

Thank you,
Angela

Angela M. Covington, Esq.
Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A.
712 South Oregon Avenue
Tampa, Florida  33606
Ph.: 813-250-0577
Fax: 813-250-9898
acovington@careyomalley.commailto:acovington@careyomalley.com
Board Certified in Construction Law

This information is for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address by regular mail.

I am representing the buyer of a high-end condo unit that is being built-out by the seller. The closing will occur before the work is completed and my client will assume the construction contract and work with the GC after closing. My question is whether the current builders’ risk policy can be transferred to the new owner or whether it will have to be reissued as of closing.

Howard Allen Cohen
Of Counsel
Florida Board Certified Attorney
Real Estate Law
Condominium and Planned Development Law

401 East Las Olas Boulevard
Suite 2250
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954 335 1589 (o)
howard.cohen@bipc.commailto:howard.cohen@bipc.com

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Buchanan Ingersoll & Rooney PC

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Happy Holidays Everyone!

Just wanted to express a congratulations to our very own Co-Chair of the Construction Regulation Committee, James Gonazlez.  James was appointed by Governor DeSantis last week to serve on the Florida Board of Professional Engineers.

Christopher M. Cobb
Managing Partner
Board Certified in Construction Law
LinkedInhttps://www.linkedin.com/in/christophermcobb/ | Biohttps://www.cobbgonzalez.com/attorneys/christopher-m-cobb/
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All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
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Hey Peter,

I transferred a lien to bond a few weeks ago in Miami for an ongoing litigation matter, and did not run into the issue of needing court order.  Just in case, my contact in the clerk’s office who handles lien transfer bonds is Lee Sutton (and her number is 3053497440).  Also, the clerk at the window who processed the transfer was Yadira Borges (and her number is 3053498998; she is in room 138 at window 8 or 9, if I recall correctly).

Was there a more specific reason given for needing a court order?  I know it is needed to increase a bond already in place, but it does not seem like this is the situation here.

Johnathan Ayers, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct:  305-789-3517
Email:  jayers@stearnsweaver.commailto:jayers@stearnsweaver.com
www.stearnsweaver.comhttp://www.stearnsweaver.com/

Certified by the Florida Bar in Construction Law

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 11:04 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Transfer Bond Question

All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
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All:

Thanks for the helpful information. The reason given for the alleged necessity of a court order for a transfer bond was that the lien was over a year old and in litigation (pretty clearly not the law). I spoke with a clerk and a manager. The manager claimed they had done it that way for 35 years. When I tried to get her to confirm it was an internal procedure and not the law she offered me her manager’s number.

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 11:32 AM
To: 'clc-discussion@lists.flabarrpptl.org' clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

Hey Peter,

I transferred a lien to bond a few weeks ago in Miami for an ongoing litigation matter, and did not run into the issue of needing court order.  Just in case, my contact in the clerk’s office who handles lien transfer bonds is Lee Sutton (and her number is 3053497440).  Also, the clerk at the window who processed the transfer was Yadira Borges (and her number is 3053498998; she is in room 138 at window 8 or 9, if I recall correctly).

Was there a more specific reason given for needing a court order?  I know it is needed to increase a bond already in place, but it does not seem like this is the situation here.

Johnathan Ayers, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct:  305-789-3517
Email:  jayers@stearnsweaver.commailto:jayers@stearnsweaver.com
www.stearnsweaver.comhttp://www.stearnsweaver.com/

Certified by the Florida Bar in Construction Law

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: Monday, December 19, 2022 11:04 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Transfer Bond Question

All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
[http://kristinlowedesign.com/wp/wp-content/uploads/2018/01/PeterRowellLogo.jpg]
This e-mail communication (including any attachments) may contain legally privileged and confidential information intended solely for the use of the intended recipient. If you are not the intended recipient, you should immediately cease reading this message and delete it from your system. Any unauthorized reading, distribution, copying or other use of this communication (or its attachments) is strictly prohibited.

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Never.

You pay cash (cashier’s check) or submit an approved surety bond and the clerk is supposed to transfer the lien and record the document(s).

At that point, the lienor is required to file an amended complaint “foreclosing” on the transfer bond instead of the property.

Good luck.

Gary L. Brown
Partner (Board Certified in Construction Law)
10360 West State Road 84
Fort Lauderdale | FL 33324
(954) 370-9970  | Office
(954) 448-1133 | Cell
(954) 382-1988 | Fax
Websitehttp://www.kelleykronenberg.com/ | Emailmailto:gbrown@kelleykronenberg.com | Biohttps://kelleykronenberg.com/attorney-profiles/gary-l-brown/
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The information transmitted, including any attachments, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited, and all liability arising therefrom is disclaimed. If you received this in error, please contact the sender and delete the material from any computer. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 4:09 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

I have never seen that.  My experience is that you just pay the money and the lien gets transferred.  Thanks. Arlene

On Mon, Dec 19, 2022 at 11:53 AM RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
I don't know of any basis for the clerk's position. We just transferred a lien into a bond in Brevard county without a problem.  It may be a local procedure requirement, ask the clerk to show you the rule they're relying on. There may not be one

On Mon, Dec 19, 2022, 11:15 AM RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
This e-mail communication (including any attachments) may contain legally privileged and confidential information intended solely for the use of the intended recipient. If you are not the intended recipient, you should immediately cease reading this message and delete it from your system. Any unauthorized reading, distribution, copying or other use of this communication (or its attachments) is strictly prohibited.

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Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

This office is closed on Fridays.

I suggest you reach out to the Chief Deputy Clerk. Often misunderstanding the proper role of the clerk’s office happens at the counter level, and can be cleared up with a phone call or in-person discussion with more experienced employees.

Barry B. Ansbacher
Florida Bar Board Certified:
Real Estate Attorney
Construction Attorney
Condominium & Planned
Development Attorney
Barry.Ansbacher@ansbacher.net
904.737.4600 ext 302

http://www.ansbacher.net/
ANSBACHER LAW
REAL ESTATE ⋅ CONSTRUCTION ⋅ PERSONAL INJURY
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Ansbacher Law strives to provide the highest level of service. If you have any comments or concerns, please send a note to our CARE CENTER mailto:wecare@ansbacher.net or contact Mark Thompson at 904.737.4600 x129

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 4:49 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

Never.

You pay cash (cashier’s check) or submit an approved surety bond and the clerk is supposed to transfer the lien and record the document(s).

At that point, the lienor is required to file an amended complaint “foreclosing” on the transfer bond instead of the property.

Good luck.

Gary L. Brown
Partner (Board Certified in Construction Law)
10360 West State Road 84
Fort Lauderdale | FL 33324
(954) 370-9970  | Office
(954) 448-1133 | Cell
(954) 382-1988 | Fax
Websitehttps://link.edgepilot.com/s/0038f721/V6S_vQLDjECJgJQyoQUVpw?u=http://www.kelleykronenberg.com/ | Emailmailto:gbrown@kelleykronenberg.com | Biohttps://link.edgepilot.com/s/a782c61c/GIlEjYIsZ0idZnStEimJ6Q?u=https://kelleykronenberg.com/attorney-profiles/gary-l-brown/
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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: Monday, December 19, 2022 4:09 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

I have never seen that.  My experience is that you just pay the money and the lien gets transferred.  Thanks. Arlene

On Mon, Dec 19, 2022 at 11:53 AM RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
I don't know of any basis for the clerk's position. We just transferred a lien into a bond in Brevard county without a problem.  It may be a local procedure requirement, ask the clerk to show you the rule they're relying on. There may not be one

On Mon, Dec 19, 2022, 11:15 AM RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657

This e-mail communication (including any attachments) may contain legally privileged and confidential information intended solely for the use of the intended recipient. If you are not the intended recipient, you should immediately cease reading this message and delete it from your system. Any unauthorized reading, distribution, copying or other use of this communication (or its attachments) is strictly prohibited.

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Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

This office is closed on Fridays.

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