[CLC-Discussion] Morning brain exercise.

Mon Sep 23 10:19:23 PDT 2013

Tim, I would also recommend checking out Stock Building Supply v. Soares de Costa, 76 So. 3d 313 (3d DCA 2012).  It deals with a similar fact pattern but the supplier has 2 contracts with sub and GC, not sub and sub, and court says they are 2 different contracts requiring 2 separate NTOs.
Thanks, April

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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 11:24 AM
To: Gibbons, Michael; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Morning brain exercise.

Good Point.  The equity of it also seems to run to "No" as the correct answer too, but I am having a time trying to justify it since the law seems to address only situations where we have one prime contract.

Timothy R. Moorhead, Esq.
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From: Gibbons, Michael [mailto:Michael.Gibbons at lowndes-law.com]
Sent: Monday, September 23, 2013 11:18 AM
To: Timothy Moorhead; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: Morning brain exercise.

  Tim,
            I don't think so.  Fla. Stat. 713.10 and the Claim of Lien statutory form contemplates that the lienor will list the person it has a contract with and the amount of the contract and net unpaid. In your scenario, you would need to list two contracting parties, two first dates of work, two last dates of work,  two contract values and two net amounts unpaid by two different upstream subcontractors.  I don't think that's feasible or proper under 713.    Interesting question though.

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto: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<mailto: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.
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