[CLC-Discussion] Water Intrusion Expert Ft. Myers

Fri Aug 7 12:35:55 PDT 2020

Can anyone recommend a water intrusion expert near Ft. Myers? Please reply to me individually rather than to the whole group. Thanks. Mike

Regards,

G.M. Heitman, P.E.
Attorney at Law
Certified by the Florida Bar in Construction Law
515 North Flagler Drive, Suite P-300
West Palm Beach, FL 33401
(561) 714-5273
www.Palmbeachconstructionlaw.org<http://www.palmbeachconstructionlaw.org/>
Florida Construction Law
Illegitimi Non Carborundum

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of jack at wclfirm.com
Sent: Tuesday, July 21, 2020 12:55 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Service of Claim of Lien

Is there a presumption that the 713 service envelope contains the documents asserted in a complaint.?
It my relatively short construction litigation experience, I've never seen an actual denial or case noted that discusses a denial based on an empty or incompletely "stuffed" envelope.
The closes I ha seen is a case that has dicta about a defendant's failure to allege a "copy" of a final payment affidavit, and not an original, and even that wasn't part of the finding.

Thank you,
Jack
Jack Taylor, Esq.
Associate 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/>
[cid:image001.jpg at 01D66CD0.6C2CA1B0]

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 fred at fcbarneslaw.com<mailto:fred at fcbarneslaw.com>
Sent: Tuesday, July 21, 2020 9:31 AM
To: 'Bruce Partington' <bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com>>; 'Charles B. Hernicz, Esq.' <Chernicz at herniczlegal.com<mailto:Chernicz at herniczlegal.com>>; leibyl at comcast.net<mailto:leibyl at comcast.net>; 'Laurie Sams' <lauriesams at comcast.net<mailto:lauriesams at comcast.net>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Service of Claim of Lien

And perhaps an affidavit from the employee of the firm who loads the liens into the envelope.

Frederick C. Barnes, Esq.
Board Certified Construction Lawyer
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
www.fcbarneslaw.com<http://www.fcbarneslaw.com/>
[rsz_1fcb_lrg_logo]

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 Bruce Partington
Sent: Monday, July 20, 2020 6:31 PM
To: 'Charles B. Hernicz, Esq.' <Chernicz at herniczlegal.com<mailto:Chernicz at herniczlegal.com>>; leibyl at comcast.net<mailto:leibyl at comcast.net>; 'Laurie Sams' <lauriesams at comcast.net<mailto:lauriesams at comcast.net>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Service of Claim of Lien

And perhaps a photo of the thick envelope with the liens in it.

Bruce Partington | Shareholder
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399>

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<http://clarkpartington.com/>

[cid:image003.jpg at 01D66CD0.6C2CA1B0]

[cid:image004.png at 01D66CD0.6C2CA1B0]<https://www.facebook.com/ClarkPartington/> [cid:image005.png at 01D66CD0.6C2CA1B0] <https://www.linkedin.com/company/2250553/admin/>  [cid:image006.png at 01D66CD0.6C2CA1B0] <https://twitter.com/ClarkPartington>  [cid:image007.png at 01D66CD0.6C2CA1B0] <https://www.instagram.com/clarkpartington/>

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 Charles B. Hernicz, Esq.
Sent: Monday, July 20, 2020 5:27 PM
To: leibyl at comcast.net<mailto:leibyl at comcast.net>; 'Laurie Sams' <lauriesams at comcast.net<mailto:lauriesams at comcast.net>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Service of Claim of Lien

The risk is reduced by a cover letter that lists all the enclosures included and an electronic copy (pdf) of the cover letter and enclosures is kept with proof of service.

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
1460 Wood Row Way
Wellington, FL 33414
Telephone: (561) 753-7511
Chernicz at HerniczLegal.com<https://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chernicz@herniczlegal.com/>
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

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 leibyl at comcast.net<mailto:leibyl at comcast.net>
Sent: Monday, July 20, 2020 6:18 PM
To: 'Laurie Sams' <lauriesams at comcast.net<mailto:lauriesams at comcast.net>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Service of Claim of Lien

I read no requirement to have a separate envelope for each lien.  If there is competent testimony about what the envelope included, I think you are OK.  On the other hand, you avoid a fact issue of the other side saying that a particular lien or liens was/were not included.  Although they could still argue that the envelope was empty.  The likelihood of selling the empty envelope argument will be tough when one side says I put it/them in there and mailed it, and the other side says that it was not there.  Still a fact issue.

Best,

Larry Leiby

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 Laurie Sams
Sent: Monday, July 20, 2020 5:37 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Service of Claim of Lien

Does service of the Claim of Lien under 713.08/713.18 have to be in a separate envelope for each lien?.  I have a situation where I need to serve a dozen liens on a developer and wanted to know if I could avoid the unnecessary time and cost of doing them individually.

Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams at comcast.net<mailto:lauriesams at comcast.net>
https://link.edgepilot.com/s/1b4e3dce/sZwK1WSBW0uAM9mVQ_FD1g?u=http://www.vwslaw.com/

We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366.  I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**

CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams at comcast.net<mailto:lauriesams at comcast.net>  and immediately delete this message and all of its attachments.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/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/20200807/be51e569/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 6088 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 27207 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image003-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 365 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 468 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 619 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image006-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 621 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200807/be51e569/image007-0001.png>