[CLC-Discussion] 713.346: Time to let Owners in on the party?

Wed Oct 28 10:30:57 PDT 2020

I agree with both of you but think  713.346  would be the better place to
make the change.

*Edward J. Kinberg*
*Attorney* | *Stewart Law CS, LLC.*

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On Wed, Oct 28, 2020 at 1:27 PM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

>
>
> I agree Robert. However, while we are on the subject, couldn’t a similar
> end be achieved by the Legislature creating a private civil cause of action
> under 713.345 which currently creates criminal liability for a contractor
> who misapplies construction funds?   Over the past few years, I have had
> instances on behalf of both Owner clients and subcontractor clients where a
> private cause of action under 713.345 for a statutory violation would have
> been most useful.   When a contractor receives funds from an owner and
> doesn’t pay subs and suppliers (with no good faith performance related
> basis to withhold payment), then both the owner and sub will be hurt.  It
> would be beneficial to see more civil teeth in the legislation.  I have
> gone the route of getting local law enforcement involved under 713.345 but
> it is a long and arduous process and very dependent on the quality and
> interest level of the agency having jurisdiction.
>
>
>
> *Michael Gibbons*
> *Shareholder*
> 215 N. Eola Dr. | Orlando, FL 32801
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>
> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *RPPTL
> CLC-Discussion
> *Sent:* Wednesday, October 28, 2020 12:55 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* [CLC-Discussion] 713.346: Time to let Owners in on the party?
>
>
>
> *CAUTION: THIS IS AN EXTERNAL EMAIL *
>
>
>
> Can anyone think of a compelling reason why 713.346 should not be amended
> to add a statutory cause of action (with a right to prevailing party fees)
> for an Owner who is harmed by a lienor’s failure to pay a lower tier
> lienor?
>
>
>
> And….. before anyone types it, yes, I know the owner should be getting all
> the proper releases in order to give themselves a proper payment defense
> but in my experience, far more than half of single family residential
> owners and most small commercial owners, do not get lien releases for
> progress payments or even final payments.  They usually do if a lender is
> involved, but not always.
>
>
>
> Robert E. Doan
>
> Board Certified Construction Attorney
>
> Supreme Court Certified Circuit Civil Mediator
>
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>
> DeLand, FL 32720
>
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