[CLC-Discussion] Quick Question Regarding F.S. 713.18
jack at wclfirm.com
jack at wclfirm.com
Thu Aug 15 13:10:54 PDT 2019
Reese.
I listened to a Florida CLE and the speaker gave some examples about when 1c would apply, I remember one of them being the owner is inaccessible by the other two methods.
(1) - also states “unless otherwise specifically provided in this part” so (2) and (3) can apply.
(2) and (3), as Barry correctly points out are mutually exclusive (my “and” should have been a “or”)
Thank you,
Jack
Jack Taylor, Esq.
Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
<mailto:gtwlaw at ymail.com> Jack at WCLfirm.com
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From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com>
Sent: Thursday, August 15, 2019 11:48 AM
To: Barry Kalmanson <bkpa1 at aol.com>; jack at wclfirm.com; ACL at floridahardhatlaw.com; clc-discussion at lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Quick Question Regarding F.S. 713.18
What creates ambiguity in subsection (3) is that subsection (1)(c) (that says service “must be made by one of the following methods”) requires posting the NTO on the jobsite “if service as provided by paragraph (a) or paragraph (b) cannot be accomplished.” When would that ever be true if you could simply rely on the “mailbox rule” of subsection (3)? I think I would advise the client against reliance on the “mailbox rule” because of the uncertainty created by subsection (1)(c).
(Of course, they almost never ask for this advice before sending the NTO.)
From: clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org> > On Behalf Of Barry Kalmanson
Sent: Thursday, August 15, 2019 11:17 AM
To: jack at wclfirm.com <mailto:jack at wclfirm.com> ; ACL at floridahardhatlaw.com <mailto:ACL at floridahardhatlaw.com> ; clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Quick Question Regarding F.S. 713.18
This message originated outside of GrayRobinson.
_____
Jack
That is INCORRECT as you are combining subsections 2& 3 that stand alone.
Sincerely,
Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215
www.barrykalmanson.com <http://www.barrykalmanson.com>
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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-----Original Message-----
From: jack <jack at wclfirm.com <mailto:jack at wclfirm.com> >
To: 'Adam C. Linkhorst' <ACL at floridahardhatlaw.com <mailto:ACL at floridahardhatlaw.com> >; clc-discussion <clc-discussion at lists.flabarrpptl.org <mailto: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 Ave
Longwood, FL 32750
Telephone: 407-926-4100
<mailto:gtwlaw at ymail.com> Jack at WCLfirm.com
<http://www.wclfirm.com/> www.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 <mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org <mailto: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 <mailto: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 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®Preeminent Peer Review Rated by Martindale-Hubbell
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