[CLC-Discussion] Notice of Termination

[Robert Butts]

Robert,

 

It may work better in this case for you to proceed under 713.07(4).  I have
a note beside this statute that McCarry at 506 So. 2d 110 may also be of
some interest.

 

I hope this is helpful to you.

 

Bob  

 

 

Robert P. Butts, Esq.

Board Certified as a Specialist in Construction Law

WARNER, SECHREST & BUTTS, P.A.

5200 S.W. 91st Terrace, Suite 101

Gainesville, FL  32608

(352) 373-5922

(352) 373-5921 FAX

E-mail:  rbutts at fbswlaw.com

 

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Robert
Carlson
Sent: Tuesday, December 09, 2014 10:55 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Notice of Termination

 

Dear all,  Has anyone ran into a situation where they needed to file a
Notice of Termination and there was a subcontractor who had not been paid in
full however did not have lien rights because final furnishings were well
over 90 days?  I understand they still have breach of contract claims,
however, they have no lien claims.  Fla. Stat. 713.132 and the Final
Contractor Affidavit require that you certify that "all lienors have been
paid in full."  My first thought was that they are not a "lineor" because
they no longer have a lien or prospective lien.  Any thoughts from the
group?

 

Robert A. Carlson
Partner 

Board Certified in Construction Law


100 N. Biscayne Blvd., Suite 605 

Miami, Florida 33132

T  305.377.2323     F  305.377.2320
 <http://www.lee-lawfirm.com/> www.Lee-Lawfirm.com

 



 

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