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

[RPPTL CLC-Discussion]

Agree that political issues do not belong on the message board.

ed


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

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On Wed, Oct 28, 2020 at 8:24 PM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

> The Trump supporters should not worry. Biden is running against a guy
> named George for the Senate which he confirmed again last week. Have you
> heard about a guy named Bubulinsky?
>
> Probably should keep politics off the CLC discussion forum.
>
>
>
> Beth-Ann Schulman
> Boyd & Jenerette PA
> bschulman at boydjen.com
> Direct: 407-309-4755
> Cell: 407-701-3033
> ------------------------------
> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> on behalf of RPPTL
> CLC-Discussion <clc-discussion at lists.flabarrpptl.org>
> *Sent:* Wednesday, October 28, 2020 7:53:40 PM
> *To:* clc-discussion at lists.flabarrpptl.org <
> clc-discussion at lists.flabarrpptl.org>
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
> Wow. All you Republicans are worried about protecting consumers? My subs
> and suppliers must strictly comply but close enough is ok for consumers?
> Change the law? Didn’t hear this about 558. You go Rob. Biden in 2020!
>
> Jeffrey L Price
> NPWC, PA
> 5216 SW 91st Dr., Gainesville FL
> 352-373-9031
>
> On Oct 28, 2020, at 4:23 PM, RPPTL CLC-Discussion <
> clc-discussion at lists.flabarrpptl.org> wrote:
>
> 
>
> If Jeff says we shouldn’t do it, now I KNOW it needs to happen.
>
>
>
> In all seriousness though, I think it would be good public policy all
> around to add it.  It doesn’t hurt any of the subs or suppliers we
> represent.  They still have valid liens.   It adds some consumer protection
> for the (perhaps lazy/cheap, or just helplessly uninformed) owner.  It adds
> another tool in the tool box for us to use and possibly have a fee award.
> The only person it’s bad for is the GC that didn’t pay his
> subs/suppliers.   Even if they had a legitimate reason for non-payment, it
> probably shouldn’t be the owner’s fight.
>
>
>
> <image002.jpg>
>
> Robert E. Doan
>
> Board Certified Construction Attorney
>
> Supreme Court Certified Circuit Civil Mediator
>
> 231 N. Woodland Blvd.
>
> DeLand, FL 32720
>
> (P) 386-736-7700 | (F) 386-785-1549
>
>
>
> Offices In Daytona Beach and DeLand
>
>
>
> Website <http://www.cobbcole.com/> | Bio
> <http://www.cobbcole.com/The-Cobb-Cole-Team/Robert-E-Doan.shtml> | vCard
> <http://www.cobbcole.com/content/includes/vCards/Robert-E-Doan.vcf>
>
>
>
>
>
> *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 3:54 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> In response to Rob’s original question (“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?”) – YES. Because of the next
> part – (“I know the owner should be getting all the proper releases in
> order to give themselves a proper payment defense, but . . .”). The “but”
> part is not a good reason to make a change. It is frustrating, “but”
> everyone has a job to do and the Owner saving a buck by being his own
> lawyer and getting hosed is no different than a CG saving a buck by being
> their own lawyer and getting hosed. Hard to legislate away ignorance.
>
> As for Mikes response, I agree - getting a persecutor to give a damn is
> worthless. The best recourse I’ve found is DBPR. Free, and causes
> insufferable pain to the contractor. It has always resulted in payment for
> me because the crappy contractor needs their ticket so they can continue
> cheating others.
>
>
>
> <https://www.npw-law.com/>
> <image003.png>
>
>
>
> *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 3:03 PM
> *To:* 'clc-discussion at lists.flabarrpptl.org' <
> clc-discussion at lists.flabarrpptl.org>
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> Hi Larry!!!!! :0)
>
>
>
>
>
>
>
> <http://www.kubickidraper.com/>
> <image005.jpg>
>
> *Michelle M. Krone
> <http://www.kubickidraper.com/staff_detail11.php?MemberID=33>*
>
> Shareholder
>
> Board Certified Construction Lawyer
>
> Direct   (239) 461-8103
>
> Fax       (239) 939-0700
>
> mmk at kubickidraper.com
>
> 13350 Metro Parkway Suite 401
> <http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966>
>
> Fort Myers, Florida 33966
> <http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966>
>
>
> <https://www.linkedin.com/company/kubicki-draper/>
> <image006.png>
>
> <image007.png>
> <https://twitter.com/KubickiDraper>
>
>
>
> *From:* clc-discussion-bounces at lists.flabarrpptl.org [
> mailto: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 2:54 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> You only include the “scary seeming remedies”  (whatever those are) when
> the contract is drafted within a week of Halloween.  😊
>
>
>
> Larry R. Leiby
>
> Larry R. Leiby, Esq.
>
> Adjunct Professor, Florida International University College of Law
>
> Florida Bar Board Certified Construction Law Expert
>
> Emeritus Fellow, American College of Commercial Arbitrators
>
>
>
>
>
>
>
> *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 2:50 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> Presently my take away from this scenario is that when drafting a contract
> on behalf of an owner you should always include a specific payment
> indemnity with lots of scary seeming remedies.
>
>
>
> Sincerely,
>
>
>
> Peter B. Rowell
>
> Board Certified Construction Attorney
>
> The Law Office of Peter B. Rowell, P.A.
>
> 8950 S.W. 74th Court Suite 2201 A-71
>
> Miami, Florida 33156
>
> Phone: (305) 998-9657
>
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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 2:19 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> I recently encountered this- the bad actor admitted they had been paid and
> did not pay my client -  I was shocked at the lack of causes of action to
> chase the money – yes , it’s a crime , but that does not really get the
> money back
>
>
>
> Kevin J. Taylor, Esq.
>
> Kevin J. Taylor, P.A.
>
> 2455 East Sunrise Boulevard
>
> Suite 512
>
> Fort Lauderdale, Florida 33304
>
> 954-530-0889
>
>
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> www.kevintaylorlaw.com
>
>
>
> *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 2:04 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> It would be great to be able to plead the permissive inference in Fla.
> Stat. § 713.345(1)(c) and not try to “shoehorn” it into a cause of action.
> Can’t be the basis for a civil theft claim.
>
>
>
> 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 <gtwlaw at ymail.com>
>
> www.WCLFirm.com <http://www.wclfirm.com/>
>
> <image011.jpg>
>
>
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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 1:31 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] 713.346: Time to let Owners in on the
> party?
>
>
>
> I agree with both of you but think  713.346  would be the better place to
> make the change.
>
>
>
>
>
>
>
>
>
>
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