[CLC-Discussion] Quick Question Regarding F.S. 713.18

[Adam C. Linkhorst]

Quick question regarding service under F.S. 713.18:

Last week we had a judge rule on summary judgment that a Notice to Owner which was mailed via certified mail to the address listed in the Notice of Commencement and which was returned as "undeliverable" was ineffective and that the subcontractor was then required to try to either obtain personal service or post the NTO on site for there to be effective service.  Based upon a plain reading of the statute I think the judge erred, but there is a dearth of cases on this issue.  Any suggestions are appreciated.

Thanks, Adam

Adam C. Linkhorst, Esq.
Linkhorst & Hockin, P.A.
4495 Military Trail, Suite 106
Jupiter, FL  33458
Email:  acl at FloridaHardhatLaw.com<mailto:acl at FloridaHardhatLaw.com>
Tel.   561.626.8880 / Cell.  954.562.9199
Fax.  561.626.8885
Website:  www.Floridahardhatlaw.com<http://www.floridahardhatlaw.com/>

Board Certified by the Florida Bar in Construction Law
AV(r)Preeminent Peer Review Rated by Martindale-Hubbell

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