<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META content="text/html; charset=iso-8859-1" http-equiv=Content-Type>
<META name=GENERATOR content="MSHTML 8.00.6001.19222">
<STYLE></STYLE>
</HEAD>
<BODY bgColor=#ffffff>
<DIV><FONT size=2 face=Arial>I have had this issue come up several times lately
and want someone else perspective on this if they know the answer.
Subcontractor enters into agreement (oral) to do the rough in and later the trim
out on a residential construction. Subcontractor sends NTO upon
receipt of the PO or oral order to start for the rough in. They complete
the rough in and invoice for it. They are not paid within 90
days of completion of the rough in but do not lien as they are anticipating
returning to the job to complete the trim out. They are never called and
in fact the GC has someone else complete the trim out. My first
response is they have lost their lien rights. However, just to be sure,
could a viable argument be made that the original oral agreement was for
completion of the rough and trim and so the last date on the job for the rough
in does not control?</FONT></DIV>
<DIV><FONT size=2 face=Arial>You can respond to me directly at the below
email.</FONT></DIV>
<DIV><FONT size=2 face=Arial>Laurie B. Sams</FONT></DIV>
<DIV><FONT size=2 face=Arial><A
href="mailto:lauriesams@comcast.net">lauriesams@comcast.net</A> <BR>Van
Winkle & Sams, P.A. <BR>3859 Bee Ridge Road, Suite 202<BR>Sarasota, FL
34233<BR>(941) 923-1685<BR>fax (941) 923-0174<BR><A
href="http://www.vwslaw.com">www.vwslaw.com</A><BR>Please Note: Our firm only
accepts WIRES for closings.<BR>CONFIDENTIALITY NOTE: This transmittal may be a
confidential attorney-client communication or may otherwise<BR>be privileged or
confidential. If it is not clear that you are the intended recipient, you are
hereby notified that you have<BR>received this transmittal in error. In that
case, any review, dissemination, distribution or copying of this transmittal
is<BR>strictly prohibited. If you suspect that you have received this
communication in error, please notify us immediately by<BR>telephone (941)
923-1685, or e-mail at <A
href="mailto:vwslaw@comcast.net">vwslaw@comcast.net</A> and immediately
delete this message and all of its<BR>attachments.</FONT></DIV></BODY></HTML>