[CLC-Discussion] Morning brain exercise.

[Timothy Moorhead]

Thank you all for your input.  Matter closed.

Timothy R. Moorhead, Esq.
[cid:image001.jpg at 01CEB854.573DE1C0]
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com
www.wfmblaw.com

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________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Timothy Moorhead
Sent: Monday, September 23, 2013 10:49 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Morning brain exercise.

Group,

Here is one for you.  I've been doing this 27 years and have never seen this one.

Materialman supplies materials to Sub-subcontractor A on Project.  Sends NTO,timely, etc.
Materialman also supplies materials to Subcontractor B on Project.  A is not a sub to B.  Materialman sends NTO timely, etc.

Materialman is unpaid by Sub-Subcontractor A  and needs to record a lien.  Problem is, 90 days has run.
Materialman is also owed money from Subcontractor B,  and 90 days has not run.

A and B are working under the same direct contractor on the same project for the same owner.

Can Materialman record a lien and include the debt owed by Sub-Subcontractor A?  after all, his last day of delivery is within 90 days, just not for that particular customer.

I read 713.09 closely, but it really addresses 2 improvements.  Then I read the definition of Improvement and it includes buildings... "or any part thereof" which leads me to think that one building can be comprised of multiple improvements.  I can therefore see the basis for answering the question as "Yes", do you see a basis for answering the question "No"?

Timothy R. Moorhead, Esq.
[cid:image002.jpg at 01CEB854.573DE1C0]
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com
www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer's particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.


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