Empathy List Archives

CB

Charles B. Hernicz, Esq

Wed, May 2, 2012 4:12 PM

The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com

MD

Michael D. Randolph

Wed, May 2, 2012 4:30 PM

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate
authority?

Mike

Sent from my iPad

On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com wrote:

The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
5551 Ridgewood Drive, Suite 101
Naples, Florida 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: Michael.Randolph@gray-robinson.com

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.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate authority? Mike Sent from my iPad On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com> wrote: > The 2007 changes to chapter 713 included a change to 713.08 that states-- > > (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. > > My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? > > Chuck > > Charles B. Hernicz, Esq. > Board Certified in Construction Law by The Florida Bar > Hernicz Legal Services, P.L. > 15854 Bent Creek Road > Wellington, FL 33414 > Telephone: (561) 753-7511 > Facsimile: (561) 753-7082 > Chernicz@HerniczLegal.com > > > _______________________________________________ > constructionlaw mailing list > constructionlaw@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/constructionlaw Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: Michael.Randolph@gray-robinson.com 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. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

BK

Barry Kalmanson

Wed, May 2, 2012 5:39 PM

Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting.

Barry Kalmanson
bkpa1@aol.com

-----Original Message-----
From: Charles B. Hernicz, Esq CHernicz@herniczlegal.com
To: 'RPPTL constructionlaw' constructionlaw@lists.flabarrpptl.org
Sent: Wed, May 2, 2012 12:56 pm
Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

onstructionlaw mailing list
onstructionlaw@lists.flabarrpptl.org
ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting. Barry Kalmanson bkpa1@aol.com -----Original Message----- From: Charles B. Hernicz, Esq <CHernicz@herniczlegal.com> To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org> Sent: Wed, May 2, 2012 12:56 pm Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ onstructionlaw mailing list onstructionlaw@lists.flabarrpptl.org ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

AF

Andrea Fair

Wed, May 2, 2012 6:31 PM

See the attached. It’s from 6 years ago and I have not looked into whether anything has changed since then. I suspect that the Florida Bar will at least investigate if the magic words "public harm" are used. Note the vague term "may" is used --- "may be distinguishable from the CAM opinion." This is re: employees preparing liens, etc. for their employer. As far as I know, notice companies cannot prepare liens but many of them do. If you called around to multiple NTO companies, you will be stunned by how many of them offer that service. I also had a “run in” with an out of state attorney who runs a lien preparation company and who also signs the liens for his clients as their agent. I think he’s crazy to do so and I don’t think the Florida Bar would be too pleased with him. Bottom line: Nothing will happen unless someone files a complaint with the bar.

Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com http://www.fairconstructionliens.com

[cid:image001.jpg@01CD286F.A0ECD950]

The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson
Sent: Wednesday, May 02, 2012 1:39 PM
To: CHernicz@herniczlegal.com; constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting.
Barry Kalmanson
bkpa1@aol.com mailto:bkpa1@aol.com

-----Original Message-----
From: Charles B. Hernicz, Esq <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com>
To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org mailto:constructionlaw@lists.flabarrpptl.org>
Sent: Wed, May 2, 2012 12:56 pm
Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies
The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com mailto:Chernicz@HerniczLegal.com

constructionlaw mailing list

constructionlaw@lists.flabarrpptl.org mailto:constructionlaw@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/constructionlaw

See the attached. It’s from 6 years ago and I have not looked into whether anything has changed since then. I suspect that the Florida Bar will at least investigate if the magic words "public harm" are used. Note the vague term "may" is used --- "may be distinguishable from the CAM opinion." This is re: employees preparing liens, etc. for their employer. As far as I know, notice companies cannot prepare liens but many of them do. If you called around to multiple NTO companies, you will be stunned by how many of them offer that service. I also had a “run in” with an out of state attorney who runs a lien preparation company and who also signs the liens for his clients as their agent. I think he’s crazy to do so and I don’t think the Florida Bar would be too pleased with him. Bottom line: Nothing will happen unless someone files a complaint with the bar. Andrea M. Fair-Purcell Board Certified Construction Attorney ▬▬▬▬▬▬▬▬▬▬▬▬ FAIR•LAW•PLLC ▬▬▬▬▬▬▬▬▬▬▬▬ 13046 Racetrack Road #236 Tampa, FL 33626 (813) 412-1077 phone (877) 879-4990 fax www.fairconstructionliens.com<http://www.fairconstructionliens.com> [cid:image001.jpg@01CD286F.A0ECD950] The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Wednesday, May 02, 2012 1:39 PM To: CHernicz@herniczlegal.com; constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting. Barry Kalmanson bkpa1@aol.com<mailto:bkpa1@aol.com> -----Original Message----- From: Charles B. Hernicz, Esq <CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com>> To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org<mailto:constructionlaw@lists.flabarrpptl.org>> Sent: Wed, May 2, 2012 12:56 pm Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com<mailto:Chernicz@HerniczLegal.com> _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org<mailto:constructionlaw@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/constructionlaw

FB

Fitzsimmons, Bob

Wed, May 2, 2012 8:31 PM

Does anyone have a transcript from a recent deposition of Dean Carlson,
P.E. they are willing to share?

Bob Fitzsimmons
Board Certified in Construction Law

Rumberger, Kirk & Caldwell, P.A.
Brickell Bayview Centre
Suite 3000
80 Southwest 8th Street
Miami, FL 33130-3037
Tel: 305.995.5425
Fax: 305.371.7580
rfitzsimmons@rumberger.com
vCard
<http://www.rumberger.com/90F6E0/assets/files/vCards/Bob%20Fitzsimmons.v
cf>

www.rumberger.com http://www.rumberger.com/
Orlando Miami Tallahassee Tampa Birmingham

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confidential information
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Does anyone have a transcript from a recent deposition of Dean Carlson, P.E. they are willing to share? Bob Fitzsimmons Board Certified in Construction Law Rumberger, Kirk & Caldwell, P.A. Brickell Bayview Centre Suite 3000 80 Southwest 8th Street Miami, FL 33130-3037 Tel: 305.995.5425 Fax: 305.371.7580 rfitzsimmons@rumberger.com vCard <http://www.rumberger.com/90F6E0/assets/files/vCards/Bob%20Fitzsimmons.v cf> www.rumberger.com <http://www.rumberger.com/> Orlando Miami Tallahassee Tampa Birmingham ***************************CONFIDENTIAL*************************** The information in this e-mail message is legally privileged and confidential information intended only for the use of the addressee(s) named above. 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, copying, dissemination, distribution, forwarding or the taking of any action in reliance on the contents of this communication is prohibited. If you have received this e-mail in error, please notify the sender as soon as possible. In addition, please delete the erroneously received message from any device/media where the message is stored. *******************************************************************

SK

Sandra Kennedy

Wed, May 2, 2012 8:46 PM

How recent? I may have one archived. Floor slab crack issues. He represented the owner, and we represented the contractor.

Sandra D. Kennedy, Esquire
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com mailto:skennedy@flbbwlaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fitzsimmons, Bob
Sent: Wednesday, May 02, 2012 4:31 PM
To: RPPTL constructionlaw
Cc: Jebrock, Dara
Subject: [RPPTL-constructionlaw] Dean Carlson

Does anyone have a transcript from a recent deposition of Dean Carlson, P.E. they are willing to share?

Bob Fitzsimmons
Board Certified in Construction Law

[cid:image002.jpg@01CD2883.1BCBCBA0]

Rumberger, Kirk & Caldwell, P.A.
Brickell Bayview Centre
Suite 3000
80 Southwest 8th Street
Miami, FL 33130-3037
Tel: 305.995.5425
Fax: 305.371.7580
rfitzsimmons@rumberger.com mailto:rfitzsimmons@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vCards/Bob%20Fitzsimmons.vcf

www.rumberger.com http://www.rumberger.com/
Orlando Miami Tallahassee Tampa Birmingham

CONFIDENTIAL
The information in this e-mail message is legally privileged and confidential information
intended only for the use of the addressee(s) named above. 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, copying, dissemination, distribution,
forwarding or the taking of any action in reliance on the contents of this communication
is prohibited. If you have received this e-mail in error, please notify the sender as soon
as possible. In addition, please delete the erroneously received message from any
device/media where the message is stored.

How recent? I may have one archived. Floor slab crack issues. He represented the owner, and we represented the contractor. Sandra D. Kennedy, Esquire Florida Bar Board Certified Construction Lawyer Ferencik Libanoff Brandt Bustamante and Williams, P.A. 150 South Pine Island Road, Suite 400 Fort Lauderdale, Florida 33324 Tel (954) 474-8080 Fax (954) 474-7343 Miami (305) 949-8003 skennedy@flbbwlaw.com<mailto:skennedy@flbbwlaw.com> From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fitzsimmons, Bob Sent: Wednesday, May 02, 2012 4:31 PM To: RPPTL constructionlaw Cc: Jebrock, Dara Subject: [RPPTL-constructionlaw] Dean Carlson Does anyone have a transcript from a recent deposition of Dean Carlson, P.E. they are willing to share? Bob Fitzsimmons Board Certified in Construction Law [cid:image002.jpg@01CD2883.1BCBCBA0] Rumberger, Kirk & Caldwell, P.A. Brickell Bayview Centre Suite 3000 80 Southwest 8th Street Miami, FL 33130-3037 Tel: 305.995.5425 Fax: 305.371.7580 rfitzsimmons@rumberger.com<mailto:rfitzsimmons@rumberger.com> vCard<http://www.rumberger.com/90F6E0/assets/files/vCards/Bob%20Fitzsimmons.vcf> www.rumberger.com<http://www.rumberger.com/> Orlando Miami Tallahassee Tampa Birmingham ***************************CONFIDENTIAL*************************** The information in this e-mail message is legally privileged and confidential information intended only for the use of the addressee(s) named above. 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, copying, dissemination, distribution, forwarding or the taking of any action in reliance on the contents of this communication is prohibited. If you have received this e-mail in error, please notify the sender as soon as possible. In addition, please delete the erroneously received message from any device/media where the message is stored. *******************************************************************

DV

Dan Vega

Wed, May 2, 2012 10:24 PM

If the lienor can prepare the lien and the lienor is not an attorney, is that not also the unlicensed practice of law?

When you say that a notice company prepares the lien, is the lienor or the notice company executing/signing the lien?

It would seem to me that a lienor could have a 12 year old handwrite the lien but if the lienor executes/signs/and causes it to be recorded it, then the lienor prepared it and is bound by it for better or worse.

In my opinion, notice companies serve a valid purpose in that they facilitate payment to many lienors who otherwise would not even know or understand how to perfect lien/bond rights. Inasmuch as the lien law’s purpose is to protect the little guy and ensure payment, if in the end, the lienor is executing the lien, authorizing the service of a notice to owner/contractor/non-payment and causing the lien to be recorded, I am not really sure why this is a problem. I am also not sure what the goal is from those opposed to notice companies.

Obviously if a lien is defective, inflated, untimely, or just plain wrong, etc, the lienor faces a fraudulent lien defense or counterclaim and will certainly not be able to blame the notice company for its blunder.

Dan

Daniel R. Vega, Esq.

Board Certified in Construction Law

Taylor Vega, P.A.

121 Alhambra Plaza, Suite 1604

Coral Gables, Florida 33134

Telephone: (305) 443-2043

Facsimile: (305) 443-2048

Cell: (305) 962-5186

E-mail: dvega@taylorvega.com mailto:dvega@taylorvega.com

The information contained in this email message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson
Sent: Wednesday, May 02, 2012 1:39 PM
To: CHernicz@herniczlegal.com; constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by NoticeCompanies

Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting.

Barry Kalmanson
bkpa1@aol.com mailto:bkpa1@aol.com

-----Original Message-----
From: Charles B. Hernicz, Esq <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com >
To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org mailto:constructionlaw@lists.flabarrpptl.org >
Sent: Wed, May 2, 2012 12:56 pm
Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com mailto:Chernicz@HerniczLegal.com

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If the lienor can prepare the lien and the lienor is not an attorney, is that not also the unlicensed practice of law? When you say that a notice company prepares the lien, is the lienor or the notice company executing/signing the lien? It would seem to me that a lienor could have a 12 year old handwrite the lien but if the lienor executes/signs/and causes it to be recorded it, then the lienor prepared it and is bound by it for better or worse. In my opinion, notice companies serve a valid purpose in that they facilitate payment to many lienors who otherwise would not even know or understand how to perfect lien/bond rights. Inasmuch as the lien law’s purpose is to protect the little guy and ensure payment, if in the end, the lienor is executing the lien, authorizing the service of a notice to owner/contractor/non-payment and causing the lien to be recorded, I am not really sure why this is a problem. I am also not sure what the goal is from those opposed to notice companies. Obviously if a lien is defective, inflated, untimely, or just plain wrong, etc, the lienor faces a fraudulent lien defense or counterclaim and will certainly not be able to blame the notice company for its blunder. Dan Daniel R. Vega, Esq. Board Certified in Construction Law Taylor Vega, P.A. 121 Alhambra Plaza, Suite 1604 Coral Gables, Florida 33134 Telephone: (305) 443-2043 Facsimile: (305) 443-2048 Cell: (305) 962-5186 E-mail: dvega@taylorvega.com <mailto:dvega@taylorvega.com> The information contained in this email message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Wednesday, May 02, 2012 1:39 PM To: CHernicz@herniczlegal.com; constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by NoticeCompanies Have you investigated the the unlicensed practice of law issue? You may find language in the reported opinion on preparation of notices to owner interesting. Barry Kalmanson bkpa1@aol.com <mailto:bkpa1@aol.com> -----Original Message----- From: Charles B. Hernicz, Esq <CHernicz@herniczlegal.com <mailto:CHernicz@herniczlegal.com> > To: 'RPPTL constructionlaw' <constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> > Sent: Wed, May 2, 2012 12:56 pm Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com <mailto:Chernicz@HerniczLegal.com> _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/constructionlaw <http://mailman.fsr.com/mailman/listinfo/constructionlaw>

LL

Larry Leiby

Thu, May 3, 2012 2:26 PM

If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court.

See 287 So.2d 305

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com

Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator

Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators

[cid:image001.jpg@01CD2916.FB6DF880]

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Wednesday, May 02, 2012 12:30 PM
To: CHernicz@herniczlegal.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate
authority?

Mike

Sent from my iPad

On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com mailto:CHernicz@herniczlegal.com> wrote:
The 2007 changes to chapter 713 included a change to 713.08 that states--

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org mailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
5551 Ridgewood Drive, Suite 101
Naples, Florida 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: Michael.Randolph@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://www.gray-robinson.com/

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.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court. See 287 So.2d 305 Larry R. Leiby, Esq. Malka & Kravitz, P.A. 1300 Sawgrass Corp. Pkwy., Suite 100 Ft. Lauderdale, FL 33323 Phone: 954-514-0984 Fax: 954-514-0985 e-mail: leiby@mkpalaw.com Board Certified in Construction Law Fla. Supreme Court Certified Circuit Court Civil Mediator Member, Leiby Alexander Brandt ADR Group, LLC Member, JAMS Global Engineering and Construction Panel Fellow, College of Commercial Arbitrators [cid:image001.jpg@01CD2916.FB6DF880] From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Wednesday, May 02, 2012 12:30 PM To: CHernicz@herniczlegal.com; RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate authority? Mike Sent from my iPad On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com<mailto:CHernicz@herniczlegal.com>> wrote: The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org<mailto:constructionlaw@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/constructionlaw Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: Michael.Randolph@gray-robinson.com GRAY | ROBINSON<http://gray-robinson.com/> ATTORNEYS AT LAW<http://www.gray-robinson.com/> 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. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

T

Tracye

Thu, May 10, 2012 7:54 PM

For purposes of complying with CBE requirements, can someone shed some light on a way to define what will constitute sufficient services so as not to be deemed “a conduit”? (Besides the statutory language of 287.0943)

Tracye K. Solove, Attorney at Law

Certified Civil Circuit Mediator

Tracye@solovelawfirm.com

Kendallwood Office Park One

12002 Southwest 128th Court

Suite 201

Miami, Florida 33186

Phone: (305) 612-0800

Facsimile: (305) 612-0801

http://www.solovelawfirm.com http://www.solovelawfirm.com/

Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, May 03, 2012 10:26 AM
To: RPPTL constructionlaw; CHernicz@herniczlegal.com
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted byNotice Companies

If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court.

See 287 So.2d 305

Larry R. Leiby, Esq.

Malka & Kravitz, P.A.

1300 Sawgrass Corp. Pkwy., Suite 100

Ft. Lauderdale, FL 33323

Phone: 954-514-0984

Fax: 954-514-0985 e-mail: leiby@mkpalaw.com

Board Certified in Construction Law

Fla. Supreme Court Certified Circuit Court Civil Mediator

Member, Leiby Alexander Brandt ADR Group, LLC

Member, JAMS Global Engineering and Construction Panel

Fellow, College of Commercial Arbitrators

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Wednesday, May 02, 2012 12:30 PM
To: CHernicz@herniczlegal.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate

authority?

Mike

Sent from my iPad

On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" CHernicz@herniczlegal.com wrote:

The 2007 changes to chapter 713 included a change to 713.08 that states--

 

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

 

My understanding was that this was intended to prohibit notice companies from drafting claims of lien.  The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block.  I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out).  What can/should be done to stop this??

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz@HerniczLegal.com

 

 

_______________________________________________
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

Michael D. Randolph

Board Certified in Construction Law

GrayRobinson, P.A.

5551 Ridgewood Drive, Suite 101

Naples, Florida 34108

Main: 239-598-3601 | Fax: 239-598-3164

Email: Michael.Randolph@gray-robinson.com

GRAY | ROBINSON http://gray-robinson.com/

ATTORNEYS AT LAW http://www.gray-robinson.com/

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.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

For purposes of complying with CBE requirements, can someone shed some light on a way to define what will constitute sufficient services so as not to be deemed “a conduit”? (Besides the statutory language of 287.0943) Tracye K. Solove, Attorney at Law Certified Civil Circuit Mediator Tracye@solovelawfirm.com Kendallwood Office Park One 12002 Southwest 128th Court Suite 201 Miami, Florida 33186 Phone: (305) 612-0800 Facsimile: (305) 612-0801 http://www.solovelawfirm.com <http://www.solovelawfirm.com/> Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Larry Leiby Sent: Thursday, May 03, 2012 10:26 AM To: RPPTL constructionlaw; CHernicz@herniczlegal.com Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted byNotice Companies If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court. See 287 So.2d 305 Larry R. Leiby, Esq. Malka & Kravitz, P.A. 1300 Sawgrass Corp. Pkwy., Suite 100 Ft. Lauderdale, FL 33323 Phone: 954-514-0984 Fax: 954-514-0985 e-mail: leiby@mkpalaw.com Board Certified in Construction Law Fla. Supreme Court Certified Circuit Court Civil Mediator Member, Leiby Alexander Brandt ADR Group, LLC Member, JAMS Global Engineering and Construction Panel Fellow, College of Commercial Arbitrators From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Michael D. Randolph Sent: Wednesday, May 02, 2012 12:30 PM To: CHernicz@herniczlegal.com; RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate authority? Mike Sent from my iPad On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz@herniczlegal.com> wrote: The 2007 changes to chapter 713 included a change to 713.08 that states-- (2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein. My understanding was that this was intended to prohibit notice companies from drafting claims of lien. The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block. I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out). What can/should be done to stop this?? Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: Michael.Randolph@gray-robinson.com GRAY | ROBINSON <http://gray-robinson.com/> ATTORNEYS AT LAW <http://www.gray-robinson.com/> 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. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

NS

Neal Sivyer

Fri, May 11, 2012 11:45 AM

Anyone aware of a stucco expert in central Florida (preferably Jacksonville or Orlando)?

Neal A. Sivyer
Sivyer Barlow & Watson, P.A.
Suntrust Financial Center
401 E. Jackson St.
Suite 2225
Tampa, FL 33602
(p) 813-221-4242
(f) 813-227-8598

Confidentiality Notice:The information contained in this e-mail message is intended for use of the recipient listed above. The message may contain information that is protected by the attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.

Anyone aware of a stucco expert in central Florida (preferably Jacksonville or Orlando)? Neal A. Sivyer Sivyer Barlow & Watson, P.A. Suntrust Financial Center 401 E. Jackson St. Suite 2225 Tampa, FL 33602 (p) 813-221-4242 (f) 813-227-8598 Confidentiality Notice:The information contained in this e-mail message is intended for use of the recipient listed above. The message may contain information that is protected by the attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.