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

Thu Aug 15 14:26:48 PDT 2019

Subsections (2) and (3) are carved out from section (1).  Looks like Adam was right all along.

From: Barry Kalmanson <bkpa1 at aol.com>
Sent: Thursday, August 15, 2019 5:22 PM
To: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.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

This message originated outside of GrayRobinson.
________________________________
There is NO ambiguity. I previously prevailed for a roofing supplier on this same issue when a Notice to Owner was mailed on the 45th day and subsequently refused by the homeowner. Thereafter it was appealed to the 5DCA and resulted in a PCA.

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
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mail<mailto:Reese.Henderson at gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf>

Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw>

-----Original Message-----
From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com<mailto:Reese.Henderson at gray-robinson.com>>
To: Barry Kalmanson <bkpa1 at aol.com<mailto:bkpa1 at aol.com>>; jack at wclfirm.com<mailto:jack at wclfirm.com> <jack at wclfirm.com<mailto:jack at wclfirm.com>>; ACL at floridahardhatlaw.com<mailto:ACL at floridahardhatlaw.com> <ACL at floridahardhatlaw.com<mailto:ACL at floridahardhatlaw.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org> <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>
Sent: Thu, Aug 15, 2019 11:48 am
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
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mail<mailto:Reese.Henderson at gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese Henderson.vcf>

Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw>

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

-----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

Jack at WCLfirm.com<mailto:gtwlaw at ymail.com>
www.WCLFirm.com<http://www.wclfirm.com/>

[scales.bmp]

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

  [LH_Logo_ConstLaw_Fnl_300dpi]
[http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement][cid:image006.png at 01CFBB0B.542810E0]

_______________________________________________
CLC-Discussion mailing list
CLC-Discussion at lists.flabarrpptl.org<mailto:CLC-Discussion at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/clc-discussion<http://mailman.fsr.com/mailman/listinfo/clc-discussion>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/0f589984/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2865 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/0f589984/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 8291 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/0f589984/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3965 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/0f589984/image003-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 22555 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20190815/0f589984/image004-0001.png>