[CLC-Discussion] Seeking Commercial Mason for Expert Services

[April A. Atkins]

I am looking for a commercial masonry expert.  Can anyone refer me to a masonry contractor experienced with large retail type facilities?  All help is appreciated.

April A. Atkins | Partner
Board Certified in Construction Law by the Florida Bar




Kirwin Norris, P.A.
15 W. Church Street
Suite 301
Orlando, Florida 32801
O: 407-740-6600
F: 407-740-6363
E: aaa at kirwinnorris.com<mailto:aaa at kirwinnorris.com>



[cid:image003.png at 01CF36D7.85E687A0]<https://www.facebook.com/KirwinNorris>  [cid:image004.png at 01CF36D7.85E687A0] <http://www.linkedin.com/company/kirwin-norris>    [cid:image009.png at 01CF3A20.298302D0] <http://www.kirwinnorris.com/>

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Thursday, July 03, 2014 12:56 PM
To: <clc-discussion at lists.flabarrpptl.org> <clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] 2011 mortgage foreclosure/notice of lis pendens v. 2013 construction lien

I have an issue involving my client’s construction lien and mortgage foreclosure suit that was filed years before my client was even hired.  Here is the chronology of events:

3/30/11 --- mortgage foreclosure filed
4/11/11 --- notice of lis pendens recorded for above suit
6/3/13 --- owners sign contract with my client
8/29/13 --- my client’s construction lien is recorded
11/13/13 --- my client’s lawsuit is filed and notice of lis pendens recorded
1/22/14 --- Final Judgment entered in mortgage foreclosure case
3/17/14 --- public sale in mortgage foreclosure case

I realize that the notice of lis pendens filed in the mortgage foreclosure case (to quote Leiby) “cuts off the rights of any person claiming any interest or lien in the property by virtue of a claim recorded after the recording of the notice of lis pendens, except for any holder of a lien who intervenes within 30 days of the recording of the notice of lis pendens.”  My client could have discovered the notice of lis pendens filed in the mortgage foreclosure case because it’s a matter of public record but we all know that our clients never look for such things.  At any rate, the notice of lis pendens filed in the mortgage foreclosure case was recorded long before my client performed any work and recorded its lien so they had no opportunity to intervene.  Obviously, my client was not a Defendant in the mortgage foreclosure case.

Is my client’s only relief a claim for breach of contract?  What about a fraud claim?  I think the answers are “yes” and “yes.”  The owners knew they were in the middle of a mortgage foreclosure so they likely knew they were making improvements to a home they were going to lose.  So then it’s likely that they never had any intention of paying my client.

What are your thoughts?  Thank you for all of your time and input.

Thanks,
Andrea


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 at 01CC8816.941390B0]



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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20150724/040d3c2b/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 2394 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20150724/040d3c2b/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 2220 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20150724/040d3c2b/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 12524 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20150724/040d3c2b/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 4899 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20150724/040d3c2b/image005-0001.jpg>