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

Thu Aug 15 08:16:36 PDT 2019

Jack That is INCORRECT as you are combining subsections 2& 3 that stand alone. Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 www.barrykalmanson.com  -----Original Message-----
From: jack <jack at wclfirm.com>
To: 'Adam C. Linkhorst' <ACL at floridahardhatlaw.com>; clc-discussion <clc-discussion at lists.flabarrpptl.org>
Sent: Thu, Aug 15, 2019 9:50 am
Subject: Re: [CLC-Discussion] Quick Question Regarding F.S. 713.18

Adam,For the “refused,” “moved, not forwardable,” or “unclaimed” exception to the delivery  requirement to apply the NTO had to be mailed within 40 days of the start date and the return has to be “through no fault of the person serving the item”.  You would have to make sure that these were satisfied.   Thank you,Jack   
| Jack Taylor, Esq.
Attorney                                   |   |
| Williams Law Firm 
212 W. Bay AveLongwood, FL 32750
 Telephone: 407-926-4100 Jack at WCLfirm.comwww.WCLFirm.com |  |   |
| In some circumstances this firm may be deemed a “debt collector” as defined by the Fair Debt Collection Practices Act and other applicable law. In such a case, this is an attempt to collect a debt. Any communication obtained may be used for that purpose.    Important – Williams Law Firm utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a response to an email communication within two business days, please contact the intended recipient via phone.  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 <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Adam C. Linkhorst
Sent: Monday, August 5, 2019 4:26 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Quick Question Regarding F.S. 713.18  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 106Jupiter, FL  33458Email:  acl at FloridaHardhatLaw.comTel.   561.626.8880 / Cell.  954.562.9199Fax.  561.626.8885Website:  www.Floridahardhatlaw.com Board Certified by the Florida Bar in Construction LawAV®Preeminent Peer Review Rated by Martindale-Hubbell            _______________________________________________
CLC-Discussion mailing list
CLC-Discussion at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/5c214e97/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 3965 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/5c214e97/image006-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 22555 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/5c214e97/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 2865 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/5c214e97/image004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 8291 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/5c214e97/image005-0001.jpg>