FW: ICPC Construction Lien & Bond Legislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments
have been requested from the CLC. Please provide any comments you have
to me by COB this Friday, October 14.
Thanks,
Reese
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy
L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached
proposed legislation. I have confirmed with Martha that she needs
comments back by the middle of next week, so please send me your
committee's thoughts by the end of business on Tuesday, October 18th so
that we can meet her timing. Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let
me know who else need to receive it. It would be helpful to have
comments by next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner@att.net; george.moraitis@myfloridahouse.gov;
matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC's Construction
Lien and Bond legislation for the upcoming Session and has asked Bruce
and I to make sure to get a copy to you for the Construction Law
Committee's review. Attached is the bill and a section-by-section
summary of what it does.
For the most part, this bill is a very scaled down version of the much
larger bill we have been working on for the last several years. We have
jettisoned the consumer provisions that were in our bill because frankly
we have been unable to convince the residential contractors that better
consumer education would be beneficial and have decided to just try to
get these clean up issues taken care of.
We have added one new issue to the bill - language in both 255.05 and
713.23 to insure that bonds do not have limited duration. This is to
address a recent appellate court decision in Utah which upheld the
effectiveness of a bond that terminated prior to completion of the
project. In that case the claimants were left completely unprotected.
We have never had this issue in Florida and want to make sure that the
problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and
would also appreciate a heads up on any legislation you may be working
on this upcoming year. We have seen several proposals that have been
working their way through the bar committee process, some of which we do
have concerns about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
Reese J. Henderson, Jr.
Board Certified Construction Attorney
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@tritthenderson.com
www.tritthenderson.com
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
Reese::
No attachment-can you re-send?
Thanks
David B Mankuta, Esq.
Board Certified in Construction Law
dbm@atkinson-diner.commailto:dbm@atkinson-diner.com
www.atkinson-diner.comhttp://www.atkinson-diner.com/
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL 33394
Tel: (954) 925-5501
Fax: (954) 920-2711
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, October 11, 2011 2:42 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond Legislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments have been requested from the CLC. Please provide any comments you have to me by COB this Friday, October 14.
Thanks,
Reese
Reese J. Henderson, Jr.
Board Certified Construction Attorney
[cid:image001.jpg@01CC8824.FA33CA00]
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@tritthenderson.com mailto:%5Be-mail%5D
www.tritthenderson.comhttp://www.tritthenderson.com/
[cid:image002.jpg@01CC8824.FA33CA00]
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]mailto:[mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron@smithcurrie.commailto:lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached proposed legislation. I have confirmed with Martha that she needs comments back by the middle of next week, so please send me your committee's thoughts by the end of business on Tuesday, October 18th so that we can meet her timing. Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]mailto:[mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let me know who else need to receive it. It would be helpful to have comments by next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]mailto:[mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner@att.netmailto:rbkershner@att.net; george.moraitis@myfloridahouse.govmailto:george.moraitis@myfloridahouse.gov; matthew.bogdanoff@myfloridahouse.govmailto:matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC's Construction Lien and Bond legislation for the upcoming Session and has asked Bruce and I to make sure to get a copy to you for the Construction Law Committee's review. Attached is the bill and a section-by-section summary of what it does.
For the most part, this bill is a very scaled down version of the much larger bill we have been working on for the last several years. We have jettisoned the consumer provisions that were in our bill because frankly we have been unable to convince the residential contractors that better consumer education would be beneficial and have decided to just try to get these clean up issues taken care of.
We have added one new issue to the bill - language in both 255.05 and 713.23 to insure that bonds do not have limited duration. This is to address a recent appellate court decision in Utah which upheld the effectiveness of a bond that terminated prior to completion of the project. In that case the claimants were left completely unprotected. We have never had this issue in Florida and want to make sure that the problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and would also appreciate a heads up on any legislation you may be working on this upcoming year. We have seen several proposals that have been working their way through the bar committee process, some of which we do have concerns about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
Reese,
Two comments:
1. Service of Notice of Contest (Fla. Stats. ss. 713.22(2)
and 713.23(1)(e))- I don't believe it is advisable to change
responsibility for serving a potentially claim dispositive document from
a neutral (i.e., Clerk) to a very interested party (i.e., Contractor).
Whatever issues someone may have had with the Clerk serving notices ( I
have had none myself), the potential mischief created by vesting in the
contractor the responsibility to serve the critical Notice of Contest
document appears to far outweigh the incidence of negligence by a
disinterested Clerk. The fact that service is required to be consistent
with Fla. Stat. s. 713.18 does not save this proposed change in my
opinion. It is not difficult to conjure a scenario where the Contractor
"serves" the lienor in person pursuant to 713.18 with some paperwork
but not the Notice of Contest of Lien. Contractor later swears the
Notice of Contest was included in the package, Lienor denies it was and
we now have a swearing contest on a collateral issue that may now be the
dispositive issue in the lawsuit. We don't need to introduce this kind
of uncertainity into the Lien Law. If someone has a problem with the
existing Clerk service format, I would suggest adding an express
requirement that the Clerk's service by mail be CMRRR.
2. Penal Sum of Bond- The proposed change to Fla. Stat. s.
713.23(1)(f) contains a reference to the liability of the surety not
being increased beyond the penal sum of the bond. This is problematic
as drafted. Bonded construction projects inevitably have additive
change orders to the underlying contract of the principal on the bond.
Sureties recognize this and require their principals to inform them of
such additive change orders so that they can collect additional premium
dollars to match their increased risk. Letting the surety limit its
exposure to the penal sum of the bond as issued lets the surety off
unnecessarily. As proposed the language reads:
" but the liability of the surety may not be increased beyond the penal
sum of the bond". I would add after the final word "bond" the following
: "as increased by the amount of any written change order(s) executed by
Principal and Obligee with notice to the Surety".
Michael R. Gibbons (Bio
http://lowndes-law.com/our-people/michael-r-gibbons )
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com http://www.lowndes-law.com/
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, October 11, 2011 2:42 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien &
BondLegislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments
have been requested from the CLC. Please provide any comments you have
to me by COB this Friday, October 14.
Thanks,
Reese
Reese J. Henderson, Jr.
Board Certified Construction Attorney
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@tritthenderson.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/
CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
information, subject to the attorney-client privilege and intended only
for the use of intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately of the error by return email and please
permanently remove any copies of this message from your system and do
not retain any copies, whether in electronic or physical form or
otherwise. Unauthorized interception of this e-mail is a violation of
federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue
Service Circular 230, we advise you that any federal tax advice
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of:
(1) avoiding penalties that maybe imposed under the Internal Revenue
Code or (2) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA")
(Florida Statutes Section 668.50): If this communication concerns
negotiation of a contract or agreement, UETA does not apply to this
communication; contract formation in this matter shall occur only with
manually-affixed original signatures on original documents.
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy
L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached
proposed legislation. I have confirmed with Martha that she needs
comments back by the middle of next week, so please send me your
committee's thoughts by the end of business on Tuesday, October 18th so
that we can meet her timing. Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let
me know who else need to receive it. It would be helpful to have
comments by next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner@att.net; george.moraitis@myfloridahouse.gov;
matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC's Construction
Lien and Bond legislation for the upcoming Session and has asked Bruce
and I to make sure to get a copy to you for the Construction Law
Committee's review. Attached is the bill and a section-by-section
summary of what it does.
For the most part, this bill is a very scaled down version of the much
larger bill we have been working on for the last several years. We have
jettisoned the consumer provisions that were in our bill because frankly
we have been unable to convince the residential contractors that better
consumer education would be beneficial and have decided to just try to
get these clean up issues taken care of.
We have added one new issue to the bill - language in both 255.05 and
713.23 to insure that bonds do not have limited duration. This is to
address a recent appellate court decision in Utah which upheld the
effectiveness of a bond that terminated prior to completion of the
project. In that case the claimants were left completely unprotected.
We have never had this issue in Florida and want to make sure that the
problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and
would also appreciate a heads up on any legislation you may be working
on this upcoming year. We have seen several proposals that have been
working their way through the bar committee process, some of which we do
have concerns about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
Hello David: I thought I would take this opportunity to say hello. Unfortunately, we were unable to meet when you came by the FWB Tampa office. I am trying to identify some work related reason for traveling to Ft Laud, and use that time to come see you. I will call you next week to explore a possible meeting. Take care, Conrad
Sent from my iPhone
On Oct 11, 2011, at 2:58 PM, "David Mankuta" <dbm@atkinson-diner.commailto:dbm@atkinson-diner.com> wrote:
Reese::
No attachment—can you re-send?
Thanks
David B Mankuta, Esq.
Board Certified in Construction Law
dbm@atkinson-diner.commailto:dbm@atkinson-diner.com
www.atkinson-diner.comhttp://www.atkinson-diner.com/
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL 33394
Tel: (954) 925-5501
Fax: (954) 920-2711
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, October 11, 2011 2:42 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond Legislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments have been requested from the CLC. Please provide any comments you have to me by COB this Friday, October 14.
Thanks,
Reese
Reese J. Henderson, Jr.
Board Certified Construction Attorney
<image001.jpg>
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
mailto:%5Be-mail%5DReese.Henderson@tritthenderson.commailto:Reese.Henderson@tritthenderson.com
http://www.tritthenderson.com/www.tritthenderson.comhttp://www.tritthenderson.com
<image002.jpg>
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]mailto:[mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; mailto:lcheron@smithcurrie.com lcheron@smithcurrie.commailto:lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached proposed legislation. I have confirmed with Martha that she needs comments back by the middle of next week, so please send me your committee’s thoughts by the end of business on Tuesday, October 18th so that we can meet her timing. Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]mailto:[mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let me know who else need to receive it. It would be helpful to have comments by next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]mailto:[mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: mailto:rbkershner@att.net rbkershner@att.netmailto:rbkershner@att.net; mailto:george.moraitis@myfloridahouse.gov george.moraitis@myfloridahouse.govmailto:george.moraitis@myfloridahouse.gov; mailto:matthew.bogdanoff@myfloridahouse.gov matthew.bogdanoff@myfloridahouse.govmailto:matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC’s Construction Lien and Bond legislation for the upcoming Session and has asked Bruce and I to make sure to get a copy to you for the Construction Law Committee’s review. Attached is the bill and a section-by-section summary of what it does.
For the most part, this bill is a very scaled down version of the much larger bill we have been working on for the last several years. We have jettisoned the consumer provisions that were in our bill because frankly we have been unable to convince the residential contractors that better consumer education would be beneficial and have decided to just try to get these clean up issues taken care of.
We have added one new issue to the bill – language in both 255.05 and 713.23 to insure that bonds do not have limited duration. This is to address a recent appellate court decision in Utah which upheld the effectiveness of a bond that terminated prior to completion of the project. In that case the claimants were left completely unprotected. We have never had this issue in Florida and want to make sure that the problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and would also appreciate a heads up on any legislation you may be working on this upcoming year. We have seen several proposals that have been working their way through the bar committee process, some of which we do have concerns about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
Disclaimer under IRS Circular 230: Unless expressly stated otherwise in this transmission, nothing contained in this message is intended or written to be used, nor may it be relied upon or used, (1) by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended and/or (2) by any person to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed in this message.
If you desire a formal opinion on a particular tax matter for the purpose of avoiding the imposition of any penalties, we will discuss the additional Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and additional fees involved.
Confidentiality Disclaimer: This e-mail message and any attachments are private communication sent by a law firm, Fowler White Boggs P.A., and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. Thank you.
This is a construction related bill and should be supported by CLC.
BARRY KALMANSON
-----Original Message-----
From: Reese J. Henderson, Jr. Reese.Henderson@tritthenderson.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Tue, Oct 11, 2011 2:43 pm
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond Legislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments have been requested from the CLC. Please provide any comments you have to me by COB this Friday, October 14.
Thanks,
Reese
Reese J. Henderson, Jr.
Board Certified Construction Attorney
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@tritthenderson.com
www.tritthenderson.com
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.
TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached proposed legislation. I have confirmed with Martha that she needs comments back by the middle of next week, so please send me your committee’s thoughts by the end of business on Tuesday, October 18th so that we can meet her timing. Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let me know who else need to receive it. It would be helpful to have comments by next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner@att.net; george.moraitis@myfloridahouse.gov; matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC’s Construction Lien and Bond legislation for the upcoming Session and has asked Bruce and I to make sure to get a copy to you for the Construction Law Committee’s review. Attached is the bill and a section-by-section summary of what it does.
For the most part, this bill is a very scaled down version of the much larger bill we have been working on for the last several years. We have jettisoned the consumer provisions that were in our bill because frankly we have been unable to convince the residential contractors that better consumer education would be beneficial and have decided to just try to get these clean up issues taken care of.
We have added one new issue to the bill – language in both 255.05 and 713.23 to insure that bonds do not have limited duration. This is to address a recent appellate court decision in Utah which upheld the effectiveness of a bond that terminated prior to completion of the project. In that case the claimants were left completely unprotected. We have never had this issue in Florida and want to make sure that the problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and would also appreciate a heads up on any legislation you may be working on this upcoming year. We have seen several proposals that have been working their way through the bar committee process, some of which we do have concerns about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
onstructionlaw mailing list
onstructionlaw@lists.flabarrpptl.org
ttp://mailman.fsr.com/mailman/listinfo/constructionlaw
I have a client who needs Delaware construction counsel. Please let me know
if you have any recommendation, then please email me at
Thanks
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Wednesday, October 12, 2011 11:38 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond
Legislation for 2012
This is a construction related bill and should be supported by CLC.
BARRY KALMANSON
-----Original Message-----
From: Reese J. Henderson, Jr. Reese.Henderson@tritthenderson.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Tue, Oct 11, 2011 2:43 pm
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond
Legislation for 2012
CLC Members,
Please see attached proposed lien law legislation for which comments have
been requested from the CLC. Please provide any comments you have to me by
COB this Friday, October 14.
Thanks,
Reese
Reese J. Henderson, Jr.
Board Certified Construction Attorney
707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@tritthenderson.com
www.tritthenderson.com
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Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida
Statutes Section 668.50): If this communication concerns negotiation of a
contract or agreement, UETA does not apply to this communication; contract
formation in this matter shall occur only with manually-affixed original
signatures on original documents.
From: Roberts, Hardy L. [mailto:hroberts@carltonfields.com]
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron@smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
FYI
From: Freedman, Robert S.
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy L.;
Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
Greetings. Please see the below email from Martha and the attached proposed
legislation. I have confirmed with Martha that she needs comments back by
the middle of next week, so please send me your committee's thoughts by the
end of business on Tuesday, October 18th so that we can meet her timing.
Thanks. Rob
From: Martha J. Edenfield [mailto:martha@penningtonlaw.com]
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012
We have been asked to comment on this proposed legislation. Please let me
know who else need to receive it. It would be helpful to have comments by
next week. Thanks!
Martha
From: Deborah Lawson [mailto:deborahlawson@aol.com]
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner@att.net; george.moraitis@myfloridahouse.gov;
matthew.bogdanoff@myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012
Pete and Martha,
Representative Moraitis has agreed to sponsor the ICPC's Construction Lien
and Bond legislation for the upcoming Session and has asked Bruce and I to
make sure to get a copy to you for the Construction Law Committee's review.
Attached is the bill and a section-by-section summary of what it does.
For the most part, this bill is a very scaled down version of the much
larger bill we have been working on for the last several years. We have
jettisoned the consumer provisions that were in our bill because frankly we
have been unable to convince the residential contractors that better
consumer education would be beneficial and have decided to just try to get
these clean up issues taken care of.
We have added one new issue to the bill - language in both 255.05 and 713.23
to insure that bonds do not have limited duration. This is to address a
recent appellate court decision in Utah which upheld the effectiveness of a
bond that terminated prior to completion of the project. In that case the
claimants were left completely unprotected. We have never had this issue in
Florida and want to make sure that the problem does not proliferate.
We certainly welcome any comments or recommendations from the Bar, and would
also appreciate a heads up on any legislation you may be working on this
upcoming year. We have seen several proposals that have been working their
way through the bar committee process, some of which we do have concerns
about.
Sincerely,
Deborah E. Lawson
Lawson Governmental Affairs
4125 Pecan Branch Road
Tallahassee, FL 32309-5558
Ph. 850 878 1606
Fax 850 878 2716
Cell 850 570 0033
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw