Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
I read no requirement to have a separate envelope for each lien. If there
is competent testimony about what the envelope included, I think you are OK.
On the other hand, you avoid a fact issue of the other side saying that a
particular lien or liens was/were not included. Although they could still
argue that the envelope was empty. The likelihood of selling the empty
envelope argument will be tough when one side says I put it/them in there
and mailed it, and the other side says that it was not there. Still a fact
issue.
Best,
Larry Leiby
From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Laurie Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
The risk is reduced by a cover letter that lists all the enclosures included
and an electronic copy (pdf) of the cover letter and enclosures is kept with
proof of service.
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
Chernicz@HerniczLegal.com
Confidentiality Notice: This communication is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged
(including attachments) and is intended only for the use of the
individual(s) or entity(ies) to which it is addressed. It may contain
information that is confidential, proprietary, privileged, and/or exempt
from disclosure under applicable law. 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
strictly prohibited. If you have received this communication in error,
please notify us so that we may take the appropriate action and avoid
troubling you further. If you are not the intended recipient(s), please
destroy this message, and any attachments, and notify the sender by return
e-mail. Thank you for your cooperation.
From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of
leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' lauriesams@comcast.net;
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there
is competent testimony about what the envelope included, I think you are OK.
On the other hand, you avoid a fact issue of the other side saying that a
particular lien or liens was/were not included. Although they could still
argue that the envelope was empty. The likelihood of selling the empty
envelope argument will be tough when one side says I put it/them in there
and mailed it, and the other side says that it was not there. Still a fact
issue.
Best,
Larry Leiby
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 Laurie
Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
Consider adding the certified mail (or other) tracking information onto the face of each lien. I generally do this on notices to owner as well.
Jason Lambert
From: Charles B. Hernicz, Esq. Chernicz@herniczlegal.com
Date: July 20, 2020 at 6:28:59 PM EDT
To: leibyl@comcast.net leibyl@comcast.net, 'Laurie Sams' lauriesams@comcast.net, clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
The risk is reduced by a cover letter that lists all the enclosures included and an electronic copy (pdf) of the cover letter and enclosures is kept with proof of service.
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
Chernicz@HerniczLegal.com
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. 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 strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' lauriesams@comcast.net; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there is competent testimony about what the envelope included, I think you are OK. On the other hand, you avoid a fact issue of the other side saying that a particular lien or liens was/were not included. Although they could still argue that the envelope was empty. The likelihood of selling the empty envelope argument will be tough when one side says I put it/them in there and mailed it, and the other side says that it was not there. Still a fact issue.
Best,
Larry Leiby
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 Laurie Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a separate envelope for each lien?. I have a situation where I need to serve a dozen liens on a developer and wanted to know if I could avoid the unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttp://www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
NOTICE: This electronic mail transmission from the law firm of Dinsmore & Shohl may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected.
And perhaps a photo of the thick envelope with the liens in it.
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
clarkpartington.comhttp://clarkpartington.com/
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[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 Charles B. Hernicz, Esq.
Sent: Monday, July 20, 2020 5:27 PM
To: leibyl@comcast.net; 'Laurie Sams' lauriesams@comcast.net; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
The risk is reduced by a cover letter that lists all the enclosures included and an electronic copy (pdf) of the cover letter and enclosures is kept with proof of service.
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
Chernicz@HerniczLegal.comhttps://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chernicz@herniczlegal.com/
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. 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 strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' lauriesams@comcast.net; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there is competent testimony about what the envelope included, I think you are OK. On the other hand, you avoid a fact issue of the other side saying that a particular lien or liens was/were not included. Although they could still argue that the envelope was empty. The likelihood of selling the empty envelope argument will be tough when one side says I put it/them in there and mailed it, and the other side says that it was not there. Still a fact issue.
Best,
Larry Leiby
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 Laurie Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a separate envelope for each lien?. I have a situation where I need to serve a dozen liens on a developer and wanted to know if I could avoid the unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.vwslaw.com/
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
To be on the safe side, I would send them separately. That eliminates the
possibility of a service issue. All of the suggestions are good. If you
have an email address for the recipient, it may be safe to send them as a
group and fax them as individual emails with the registered mail number on
each letter.
ed
Please note that Stewart Law personnel are slowly transitioning back to
the office. Our operating hours are still the same and we can be contacted
by phone or email. In person drop-offs and consultations are by
appointment only on Mondays-Wednesdays 11 AM - 3 PM. Please stay safe &
know we are still here for you!
Edward J. Kinberg
Attorney | Stewart Law CS, LLC.
p: 321-541-6845 a: 7341 Office Park Place, Suite 202, Melbourne, FL 32940
w: StewartLawCS.com https://stewartlawcs.com/
CONFIDENTIALITY NOTICE: Do not read this e-mail if you are not the intended
recipient. This message and all attachments are confidential and may be
protected by the attorney-client and other privileges. Any review, use,
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desirestewart@stewartlawcs.com or by telephone at (321)541-6845.
On Mon, Jul 20, 2020 at 6:39 PM Bruce Partington <
bpartington@clarkpartington.com> wrote:
And perhaps a photo of the thick envelope with the liens in it.
*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
https://www.facebook.com/ClarkPartington/
https://www.linkedin.com/company/2250553/admin/
https://twitter.com/ClarkPartington
https://www.instagram.com/clarkpartington/
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *Charles B.
Hernicz, Esq.
Sent: Monday, July 20, 2020 5:27 PM
To: leibyl@comcast.net; 'Laurie Sams' lauriesams@comcast.net;
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
The risk is reduced by a cover letter that lists all the enclosures
included and an electronic copy (pdf) of the cover letter and enclosures is
kept with proof of service.
Charles B. Hernicz, Esq.
*Board Certified in Construction Law by The Florida Bar *
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
Chernicz@HerniczLegal.com
https://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chernicz@herniczlegal.com/
*Confidentiality Notice: This communication is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally
privileged (including attachments) and is intended only for the use of the
individual(s) or entity(ies) to which it is addressed. It may contain
information that is confidential, proprietary, privileged, and/or exempt
from disclosure under applicable law. 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 strictly prohibited. If you have received this communication in error,
please notify us so that we may take the appropriate action and avoid
troubling you further. If you are not the intended recipient(s), please
destroy this message, and any attachments, and notify the sender by return
e-mail. Thank you for your cooperation. *
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *
leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' lauriesams@comcast.net;
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there
is competent testimony about what the envelope included, I think you are
OK. On the other hand, you avoid a fact issue of the other side saying
that a particular lien or liens was/were not included. Although they could
still argue that the envelope was empty. The likelihood of selling the
empty envelope argument will be tough when one side says I put it/them in
there and mailed it, and the other side says that it was not there. Still
a fact issue.
Best,
Larry Leiby
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *Laurie Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.net
https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.vwslaw.com/
*We DO NOT accept or Request changes to wiring instructions via email or
fax. *
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and
until further notice, our firm will be operating remotely. We are working
hard to serve each of you; however, you may experience some delay in our
response as we adjust schedules to accommodate state and local guidelines.
Our primary communication will be via email. If you require voice
communication, you are encouraged to call the office and leave a voice mail
at extension 366. I will do our best to return phone calls. I will
continue to process and close files as required and/or permitted. For
clients that have upcoming real estate closings, signing dates and times
will be scheduled with the Closer and will be facilitated in office or via
mail away. We wish everyone good health and safety through this challenging
time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential
attorney-client communication or may otherwise be privileged or
confidential. If it is not clear that you are the intended recipient, you
are hereby notified that you have received this transmittal in error. In
that case, any review, dissemination, distribution or copying of this
transmittal is strictly prohibited. If you suspect that you have received
this communication in error, please notify us immediately by telephone
(941) 923-1685, or e-mail at lauriesams@comcast.net and immediately
delete this message and all of its attachments.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
And perhaps an affidavit from the employee of the firm who loads the liens
into the envelope.
Frederick C. Barnes, Esq.
Board Certified Construction Lawyer
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
http://www.fcbarneslaw.com/ www.fcbarneslaw.com
From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Bruce Partington
Sent: Monday, July 20, 2020 6:31 PM
To: 'Charles B. Hernicz, Esq.' Chernicz@herniczlegal.com;
leibyl@comcast.net; 'Laurie Sams' lauriesams@comcast.net;
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
And perhaps a photo of the thick envelope with the liens in it.
Bruce Partington | Shareholder
bpartington@clarkpartington.com mailto:bpartington@clarkpartington.com |
callto:(850)%20432-1399 (850) 432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
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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 Charles
B. Hernicz, Esq.
Sent: Monday, July 20, 2020 5:27 PM
To: leibyl@comcast.net mailto:leibyl@comcast.net ; 'Laurie Sams'
<lauriesams@comcast.net mailto:lauriesams@comcast.net >;
clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
The risk is reduced by a cover letter that lists all the enclosures included
and an electronic copy (pdf) of the cover letter and enclosures is kept with
proof of service.
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
<https://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chern
icz@herniczlegal.com/> Chernicz@HerniczLegal.com
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From: clc-discussion-bounces@lists.flabarrpptl.org
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<clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of
leibyl@comcast.net mailto:leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' <lauriesams@comcast.net mailto:lauriesams@comcast.net >;
clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there
is competent testimony about what the envelope included, I think you are OK.
On the other hand, you avoid a fact issue of the other side saying that a
particular lien or liens was/were not included. Although they could still
argue that the envelope was empty. The likelihood of selling the empty
envelope argument will be tough when one side says I put it/them in there
and mailed it, and the other side says that it was not there. Still a fact
issue.
Best,
Larry Leiby
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 Laurie
Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
<https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.v
wslaw.com/>
https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.vw
slaw.com/
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
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delete this message and all of its attachments.
Is there a presumption that the 713 service envelope contains the documents
asserted in a complaint.?
It my relatively short construction litigation experience, Ive never seen
an actual denial or case noted that discusses a denial based on an empty or
incompletely stuffed envelope.
The closes I ha seen is a case that has dicta about a defendants failure to
allege a copy of a final payment affidavit, and not an original, and even
that wasnt part of the finding.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
mailto:gtwlaw@ymail.com Jack@WCLfirm.com
http://www.wclfirm.com/ www.WCLFirm.com
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From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of
fred@fcbarneslaw.com
Sent: Tuesday, July 21, 2020 9:31 AM
To: 'Bruce Partington' bpartington@clarkpartington.com; 'Charles B.
Hernicz, Esq.' Chernicz@herniczlegal.com; leibyl@comcast.net; 'Laurie
Sams' lauriesams@comcast.net; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
And perhaps an affidavit from the employee of the firm who loads the liens
into the envelope.
Frederick C. Barnes, Esq.
Board Certified Construction Lawyer
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
http://www.fcbarneslaw.com/ www.fcbarneslaw.com
From: clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org
<clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of Bruce
Partington
Sent: Monday, July 20, 2020 6:31 PM
To: 'Charles B. Hernicz, Esq.' <Chernicz@herniczlegal.com
mailto:Chernicz@herniczlegal.com >; leibyl@comcast.net
mailto:leibyl@comcast.net ; 'Laurie Sams' <lauriesams@comcast.net
mailto:lauriesams@comcast.net >; clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
And perhaps a photo of the thick envelope with the liens in it.
Bruce Partington | Shareholder
bpartington@clarkpartington.com mailto:bpartington@clarkpartington.com |
callto:(850)%20432-1399 (850) 432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
http://clarkpartington.com/ clarkpartington.com
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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 Charles
B. Hernicz, Esq.
Sent: Monday, July 20, 2020 5:27 PM
To: leibyl@comcast.net mailto:leibyl@comcast.net ; 'Laurie Sams'
<lauriesams@comcast.net mailto:lauriesams@comcast.net >;
clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
The risk is reduced by a cover letter that lists all the enclosures included
and an electronic copy (pdf) of the cover letter and enclosures is kept with
proof of service.
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
<https://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chern
icz@herniczlegal.com/> Chernicz@HerniczLegal.com
Confidentiality Notice: This communication is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged
(including attachments) and is intended only for the use of the
individual(s) or entity(ies) to which it is addressed. It may contain
information that is confidential, proprietary, privileged, and/or exempt
from disclosure under applicable law. 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
strictly prohibited. If you have received this communication in error,
please notify us so that we may take the appropriate action and avoid
troubling you further. If you are not the intended recipient(s), please
destroy this message, and any attachments, and notify the sender by return
e-mail. Thank you for your cooperation.
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
leibyl@comcast.net mailto:leibyl@comcast.net
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' <lauriesams@comcast.net mailto:lauriesams@comcast.net >;
clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien
I read no requirement to have a separate envelope for each lien. If there
is competent testimony about what the envelope included, I think you are OK.
On the other hand, you avoid a fact issue of the other side saying that a
particular lien or liens was/were not included. Although they could still
argue that the envelope was empty. The likelihood of selling the empty
envelope argument will be tough when one side says I put it/them in there
and mailed it, and the other side says that it was not there. Still a fact
issue.
Best,
Larry Leiby
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 Laurie
Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Service of Claim of Lien
Does service of the Claim of Lien under 713.08/713.18 have to be in a
separate envelope for each lien?. I have a situation where I need to serve
a dozen liens on a developer and wanted to know if I could avoid the
unnecessary time and cost of doing them individually.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
<https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.v
wslaw.com/>
https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.vw
slaw.com/
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
