[CLC-Discussion] Arnie's Construction Law Christmas Haikus

[lan at lwwhiteattorney.com]

I don't pretend to be a banking expert, which may be why I don't understand
the problem. Client wrote the check, which was cashed. That means the GC has
to pay the check when tendered. I don't see that being altered by the fact
that the money was confiscated. The sub could just as easily spent the money
on slow horses; the results would be the same. It doesn't seem to me to be a
UCC Article 3 or 4 issue at all.

Although you didn't say, I suspect the real problem is that the sub isn't
going to pay sub-subs or suppliers and the GC didn't get lien waivers or
interim affidavits. If that be the case, I think the GC may very well have
to pay twice as to any sub-subs or suppliers who have lien rights.

Langfred W. White, Esq.
Board Certified in Construction Law

          

The Law Offices of Langfred W. White, PA
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Phone: (727) 422-5064
email: lan at lwwhiteattorney.com

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-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey
Eisensmith
Sent: Tuesday, August 23, 2016 3:33 PM
To: Timothy R. Moorhead; Roberts, Hardy L.; Bruce Partington
Cc: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Arnie's Construction Law Christmas Haikus

I have a GC client that got caught up in a checking cashing scheme. The
client paid a sub who went to a check cashing store and cashed the checks.
The sub was arrested and the money was confiscated. Anyone familiar with
this situation and/or familiar with the UCC requirements to pay the check
cashing store? An attorney familiar with the banking statutes and
regulations would be helpful.

Jeffrey R. Eisensmith
Jeffrey R. Eisensmith, P.A.
5561 North University Drive, Suite 103
Coral Springs, Florida 33067
Telephone: 954-523-7601
Telefax: 754-242-9752



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