Repeal of Section 627.428

RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:12 PM

So how did this repeal of 627.428 fly under the radar?... I don't recall any
discussion on this in our meeting or in Orlando in March. appears to affect
performance bond claims, all first party coverage claims demanding liability
coverage or defense from carriers, etc. I think we need someone
knowledgeable to inform our members of the effect of this repeal on
construction claims and practices.

Michael J. Yates, Esq.

Board Certified in Construction Law

5975 Sunset Drive, Suite 602

Miami FL 33143

Office 305.666.8100

Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a)
ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN
NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only
for the use of the Addressee(s) named herein. If you are not an Addressee,
or the person responsible for delivering this to an Addressee, you are
hereby notified that reading, copying, or distributing this message is
prohibited. If you have received this electronic mail message in error,
please reply to the sender and take the steps necessary to delete the
message completely from your computer system.



IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S.
federal tax advice contained in this e-mail, including attachments, is not
intended or written by the Law Offices of Michael J. Yates P.L,  to be used,
and any such tax advice cannot be used, for the purpose of avoiding
penalties that may be imposed by the Internal Revenue Service.

So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March. appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc. I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices. Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. ---------------------------------------------------------------------------- ---- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:25 PM

Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety.  As far as the other insurance issues raised below, I cannot comment.

Helen H. Albee
Board Certified in Construction Law
Tritt & Associates, P.A.
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Helen.albee@atritt.com
www.atritt.comhttp://www.atritt.com/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices...

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety. As far as the other insurance issues raised below, I cannot comment. Helen H. Albee Board Certified in Construction Law Tritt & Associates, P.A. 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Helen.albee@atritt.com www.atritt.com<http://www.atritt.com/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices... Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:38 PM

It was taken care of by trade groups NOT RPTL.

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COM

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, March 31, 2023 10:25 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Repeal of Section 627.428

Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety.  As far as the other insurance issues raised below, I cannot comment.

Helen H. Albee
Board Certified in Construction Law
Tritt & Associates, P.A.
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Helen.albee@atritt.com
www.atritt.comhttp://www.atritt.com/

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: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices...

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

It was taken care of by trade groups NOT RPTL. Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:25 AM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Repeal of Section 627.428 Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety. As far as the other insurance issues raised below, I cannot comment. Helen H. Albee Board Certified in Construction Law Tritt & Associates, P.A. 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Helen.albee@atritt.com www.atritt.com<http://www.atritt.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 RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices... Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:40 PM

I see Section 627.756 remains intact on bonds, but claims for insurance
indemnity or defense coverage on general liability appear affected.

Michael J. Yates, Esq.

Board Certified in Construction Law

5975 Sunset Drive, Suite 602

Miami FL 33143

Office 305.666.8100

Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a)
ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN
NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only
for the use of the Addressee(s) named herein. If you are not an Addressee,
or the person responsible for delivering this to an Addressee, you are
hereby notified that reading, copying, or distributing this message is
prohibited. If you have received this electronic mail message in error,
please reply to the sender and take the steps necessary to delete the
message completely from your computer system.



IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S.
federal tax advice contained in this e-mail, including attachments, is not
intended or written by the Law Offices of Michael J. Yates P.L,  to be used,
and any such tax advice cannot be used, for the purpose of avoiding
penalties that may be imposed by the Internal Revenue Service.

From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL
CLC-Discussion
Sent: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don't recall any
discussion on this in our meeting or in Orlando in March. appears to affect
performance bond claims, all first party coverage claims demanding liability
coverage or defense from carriers, etc. I think we need someone
knowledgeable to inform our members of the effect of this repeal on
construction claims and practices.

Michael J. Yates, Esq.

Board Certified in Construction Law

5975 Sunset Drive, Suite 602

Miami FL 33143

Office 305.666.8100

Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a)
ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN
NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only
for the use of the Addressee(s) named herein. If you are not an Addressee,
or the person responsible for delivering this to an Addressee, you are
hereby notified that reading, copying, or distributing this message is
prohibited. If you have received this electronic mail message in error,
please reply to the sender and take the steps necessary to delete the
message completely from your computer system.



IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S.
federal tax advice contained in this e-mail, including attachments, is not
intended or written by the Law Offices of Michael J. Yates P.L,  to be used,
and any such tax advice cannot be used, for the purpose of avoiding
penalties that may be imposed by the Internal Revenue Service.

I see Section 627.756 remains intact on bonds, but claims for insurance indemnity or defense coverage on general liability appear affected. Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. ---------------------------------------------------------------------------- ---- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March. appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc. I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices. Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. ---------------------------------------------------------------------------- ---- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:43 PM

The trade groups that got involved were only concerned about collecting on the payment bonds

Sincerely,

Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COM

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, March 31, 2023 10:40 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Repeal of Section 627.428

I see Section 627.756 remains intact on bonds, but claims for insurance indemnity or defense coverage on general liability appear affected...

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

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: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices...

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

The trade groups that got involved were only concerned about collecting on the payment bonds Sincerely, Barry Kalmanson 500 N. Maitland Avenue Suite 305 Maitland, Fl. 32751 407-645-4500 x 215 WWW.BARRYKALMANSON.COM From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:40 AM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Repeal of Section 627.428 I see Section 627.756 remains intact on bonds, but claims for insurance indemnity or defense coverage on general liability appear affected... Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. 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 RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices... Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 2:53 PM

627.756 Bonds for construction contracts; attorney fees in case of suit. (1) In a suit Section 627.428 applies to suits brought by an owner, a contractor, a subcontractor, a laborer, or a materialman owners, contractors, subcontractors, laborers, and materialmen against a surety insurer under payment or performance bonds written by the insurer under the laws of this state to indemnify against pecuniary loss by breach of a building or construction contract, upon the rendition of a judgment or decree by any of the courts of this state against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman, the trial court or, in the event of an appeal in which the owner, contractor, subcontractor, laborer, or materialman prevails, the appellate court, shall adjudge or decree against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman a reasonable sum as fees or compensation for the attorney prosecuting the suit in which the recovery is had. Owners, contractors, subcontractors, laborers, and materialmen shall be deemed to be insureds or beneficiaries for the purposes of this section.

This is the revised language that was included in the Bill that repealed 627.428.

Sean A. Mickley
Board Certified in Construction Law

WhiteBird, PLLC

1701 Highway A1A, Suite 102
Vero Beach, Florida 32963
www.whitebirdlaw.comhttp://www.whitebirdlaw.com/

p. 772.610.5580  |  f. 772.610.5665

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. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, March 31, 2023 10:25 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Repeal of Section 627.428

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety.  As far as the other insurance issues raised below, I cannot comment.

Helen H. Albee
Board Certified in Construction Law
Tritt & Associates, P.A.
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Helen.albee@atritt.com
www.atritt.comhttp://www.atritt.com/

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: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices...

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

627.756 Bonds for construction contracts; attorney fees in case of suit. (1) In a suit Section 627.428 applies to suits brought by an owner, a contractor, a subcontractor, a laborer, or a materialman owners, contractors, subcontractors, laborers, and materialmen against a surety insurer under payment or performance bonds written by the insurer under the laws of this state to indemnify against pecuniary loss by breach of a building or construction contract, upon the rendition of a judgment or decree by any of the courts of this state against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman, the trial court or, in the event of an appeal in which the owner, contractor, subcontractor, laborer, or materialman prevails, the appellate court, shall adjudge or decree against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman a reasonable sum as fees or compensation for the attorney prosecuting the suit in which the recovery is had. Owners, contractors, subcontractors, laborers, and materialmen shall be deemed to be insureds or beneficiaries for the purposes of this section. This is the revised language that was included in the Bill that repealed 627.428. Sean A. Mickley Board Certified in Construction Law WhiteBird, PLLC 1701 Highway A1A, Suite 102 Vero Beach, Florida 32963 www.whitebirdlaw.com<http://www.whitebirdlaw.com/> p. 772.610.5580 | f. 772.610.5665 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. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:25 AM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Repeal of Section 627.428 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Section 627.756 was amended to add back the right to recover fees which used to be in Section 627.428 as far as claims against a surety. As far as the other insurance issues raised below, I cannot comment. Helen H. Albee Board Certified in Construction Law Tritt & Associates, P.A. 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Helen.albee@atritt.com www.atritt.com<http://www.atritt.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 RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don't recall any discussion on this in our meeting or in Orlando in March... appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc... I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices... Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Fri, Mar 31, 2023 3:00 PM

It did not fly under the radar for those who represent insurers in extracontractual and coverage litigation.

For bond claims, fees can still be recovered under §627.756, Fla. Stat.  For first party coverage claims the landscape has changed.

[cid:image001.jpg@01D963BF.AC943E00]
www.TaylorDayLaw.comhttp://www.taylordaylaw.com/
Reed W. Grimm
Taylor, Day, Grimm & Boyd
50 North Laura Street, Suite 3500
Jacksonville, Florida 32202
P: (904) 356-0700  ⦁  E: RWG@TaylorDayLaw.commailto:RWG@taylordaylaw.com
[cid:image002.png@01D963BF.AC943E00]https://www.facebook.com/TaylorDayLaw/  [cid:image003.png@01D963BF.AC943E00] https://www.linkedin.com/in/reed-grimm-6a65798/    [cid:image004.png@01D963BF.AC943E00] https://twitter.com/TaylorDayLaw
[Construction Logo]
[A picture containing text  Description automatically generated]
[Text  Description automatically generated]

[Logo, company name  Description automatically generated]

This email contains CONFIDENTIAL information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this email, or an employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this email is strictly prohibited. If you have received this email in error, please notify us by reply email from your records and delete this email. Thank you for your cooperation.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, March 31, 2023 10:12 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Repeal of Section 627.428

So how did this repeal of 627.428 fly under the radar?... I don’t recall any discussion on this in our meeting or in Orlando in March… appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc… I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices…

Michael J. Yates, Esq.
Board Certified in Construction Law
5975 Sunset Drive, Suite 602
Miami FL 33143
Office 305.666.8100
Fax      305.666.8106

This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system.

IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L,  to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

It did not fly under the radar for those who represent insurers in extracontractual and coverage litigation. For bond claims, fees can still be recovered under §627.756, Fla. Stat. For first party coverage claims the landscape has changed. [cid:image001.jpg@01D963BF.AC943E00] www.TaylorDayLaw.com<http://www.taylordaylaw.com/> Reed W. Grimm Taylor, Day, Grimm & Boyd 50 North Laura Street, Suite 3500 Jacksonville, Florida 32202 P: (904) 356-0700 ⦁ E: RWG@TaylorDayLaw.com<mailto:RWG@taylordaylaw.com> [cid:image002.png@01D963BF.AC943E00]<https://www.facebook.com/TaylorDayLaw/> [cid:image003.png@01D963BF.AC943E00] <https://www.linkedin.com/in/reed-grimm-6a65798/> [cid:image004.png@01D963BF.AC943E00] <https://twitter.com/TaylorDayLaw> [Construction Logo] [A picture containing text Description automatically generated] [Text Description automatically generated] [Logo, company name Description automatically generated] This email contains CONFIDENTIAL information intended only for the use of the addressee(s) named above. If you are not the intended recipient of this email, or an employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this email is strictly prohibited. If you have received this email in error, please notify us by reply email from your records and delete this email. Thank you for your cooperation. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Friday, March 31, 2023 10:12 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Repeal of Section 627.428 So how did this repeal of 627.428 fly under the radar?... I don’t recall any discussion on this in our meeting or in Orlando in March… appears to affect performance bond claims, all first party coverage claims demanding liability coverage or defense from carriers, etc… I think we need someone knowledgeable to inform our members of the effect of this repeal on construction claims and practices… Michael J. Yates, Esq. Board Certified in Construction Law 5975 Sunset Drive, Suite 602 Miami FL 33143 Office 305.666.8100 Fax 305.666.8106 This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. -------------------------------------------------------------------------------- IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by the Law Offices of Michael J. Yates P.L, to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
RC
RPPTL CLC-Discussion
Tue, Apr 11, 2023 11:53 AM

Does anyone know of a case where a lienor recorded what was a fraudulent
lien and later recorded a partial satisfaction but the original lien was
still determined to be fraudulent so the entire lien was invalid?  Yes,
hoping someone has researched this issue recently and can save the research
time.  Thanks!

Chuck

Charles B. Hernicz, Esq.

Board Certified in Construction Law by The Florida Bar

Hernicz Legal Services, P.L.
96072 Breezeway Court
Yulee, FL  32097
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.

Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid? Yes, hoping someone has researched this issue recently and can save the research time. Thanks! Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 96072 Breezeway Court Yulee, FL 32097 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.
RC
RPPTL CLC-Discussion
Tue, Apr 11, 2023 1:51 PM

No precedent on this that I'm aware of, but I have had clients come to me a couple of times after having recorded a lien that I've determined includes improper amounts and had the clients sign and file a partial release with language about the amounts being inadvertently included (assuming that they were legitimately unaware that they had included improper amounts. But I've never fought the battle on those all the way through.

I do think that the intent (or gross negligence) element of the fraudulent lien is to be measured at the time of signing and recording the lien. So if it's "fraudulent" when recorded it's likely fraudulent under the statute. But in the instances I described, I determined that the clients did not have that "intent" and so it could and should be fixed.

Bruce Partington | Shareholder
bpartington@clarkpartington.commailto: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.comhttps://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder
Board Certified Specialist in Construction Law
bpartington@clarkpartington.commailto: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.comhttps://clarkpartington.com/

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]


From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Tuesday, April 11, 2023 6:53:47 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction

Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid?  Yes, hoping someone has researched this issue recently and can save the research time.  Thanks!

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
96072 Breezeway Court
Yulee, FL  32097
Telephone: (561) 753-7511
Chernicz@HerniczLegal.comhttps://link.edgepilot.com/s/64874136/fs__QEyhnESJMnFzstJcYg?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.

No precedent on this that I'm aware of, but I have had clients come to me a couple of times after having recorded a lien that I've determined includes improper amounts and had the clients sign and file a partial release with language about the amounts being inadvertently included (assuming that they were legitimately unaware that they had included improper amounts. But I've never fought the battle on those all the way through. I do think that the intent (or gross negligence) element of the fraudulent lien is to be measured at the time of signing and recording the lien. So if it's "fraudulent" when recorded it's likely fraudulent under the statute. But in the instances I described, I determined that the clients did not have that "intent" and so it could and should be fixed. Bruce Partington | Shareholder bpartington@clarkpartington.com<mailto: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://clarkpartington.com/> [cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg] Bruce Partington | Shareholder Board Certified Specialist in Construction Law bpartington@clarkpartington.com<mailto: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://clarkpartington.com/> [cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg] ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> Sent: Tuesday, April 11, 2023 6:53:47 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid? Yes, hoping someone has researched this issue recently and can save the research time. Thanks! Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 96072 Breezeway Court Yulee, FL 32097 Telephone: (561) 753-7511 Chernicz@HerniczLegal.com<https://link.edgepilot.com/s/64874136/fs__QEyhnESJMnFzstJcYg?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.
RC
RPPTL CLC-Discussion
Tue, Apr 11, 2023 2:01 PM

What Bruce said.  "Erroneous" inclusion of amounts won't necessarily render Claim of Lien invalid unless homeowner can show they were adversely affected.

Thank you,

Klarika J. Caplano, Esq.
Of Counsel

Coats Schmidt, P.A.
4055 Central Avenue
St. Petersburg, FL 33713
727-456-4462

-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Tuesday, April 11, 2023 9:51 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction

No precedent on this that I'm aware of, but I have had clients come to me a couple of times after having recorded a lien that I've determined includes improper amounts and had the clients sign and file a partial release with language about the amounts being inadvertently included (assuming that they were legitimately unaware that they had included improper amounts. But I've never fought the battle on those all the way through.

I do think that the intent (or gross negligence) element of the fraudulent lien is to be measured at the time of signing and recording the lien. So if it's "fraudulent" when recorded it's likely fraudulent under the statute. But in the instances I described, I determined that the clients did not have that "intent" and so it could and should be fixed.

Bruce Partington | Shareholder
bpartington@clarkpartington.commailto: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.comhttps://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder
Board Certified Specialist in Construction Law bpartington@clarkpartington.commailto: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.comhttps://clarkpartington.com/

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]


From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Tuesday, April 11, 2023 6:53:47 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction

Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid?  Yes, hoping someone has researched this issue recently and can save the research time.  Thanks!

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L.
96072 Breezeway Court
Yulee, FL  32097
Telephone: (561) 753-7511
Chernicz@HerniczLegal.comhttps://link.edgepilot.com/s/64874136/fs__QEyhnESJMnFzstJcYg?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.

What Bruce said. "Erroneous" inclusion of amounts won't necessarily render Claim of Lien invalid unless homeowner can show they were adversely affected. Thank you, Klarika J. Caplano, Esq. Of Counsel Coats Schmidt, P.A. 4055 Central Avenue St. Petersburg, FL 33713 727-456-4462 -----Original Message----- From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Tuesday, April 11, 2023 9:51 AM To: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction No precedent on this that I'm aware of, but I have had clients come to me a couple of times after having recorded a lien that I've determined includes improper amounts and had the clients sign and file a partial release with language about the amounts being inadvertently included (assuming that they were legitimately unaware that they had included improper amounts. But I've never fought the battle on those all the way through. I do think that the intent (or gross negligence) element of the fraudulent lien is to be measured at the time of signing and recording the lien. So if it's "fraudulent" when recorded it's likely fraudulent under the statute. But in the instances I described, I determined that the clients did not have that "intent" and so it could and should be fixed. Bruce Partington | Shareholder bpartington@clarkpartington.com<mailto: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://clarkpartington.com/> [cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg] Bruce Partington | Shareholder Board Certified Specialist in Construction Law bpartington@clarkpartington.com<mailto: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://clarkpartington.com/> [cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg] ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> Sent: Tuesday, April 11, 2023 6:53:47 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid? Yes, hoping someone has researched this issue recently and can save the research time. Thanks! Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 96072 Breezeway Court Yulee, FL 32097 Telephone: (561) 753-7511 Chernicz@HerniczLegal.com<https://link.edgepilot.com/s/64874136/fs__QEyhnESJMnFzstJcYg?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.