[RPPTL-constructionlaw] Lien Law Legislative Proposal

Mon Jul 11 10:44:20 PDT 2011

I was in a meeting and could not attend today's meeting, but I want to
comment on and disagree with one of the proposed changes in the glitch bill.
Starting on line 97, the glitch bill shows the following change:

Expiration date of notice of commencement (the expiration date may not be
before completion of construction and final payment to the contractor, but
will be 1 year from the date of recording unless a different date is
specified).

The proposed change fails to recognize and preserve the purpose for the 2011
amendment.  This language, although inartfully drafted as legislation often
is, requires the owner to keep a notice of commencment open until the
project is completed.  Although implied in chapter 713, that requirement
does not appear anywhere else that I can find.  In the past year, various
clients on at least a half dozen different projects had NOCs expire while
work was still being performed.  The owners simply recorded a new NOC,
causing prejudice to the lien rights of the GC, subs, and suppliers.  There
should be something in the lien law confirming the owner's obligation to
keep the NOC open.  Instead of simply striking the confusing language, I
propose the following "fix" instead:

Expiration date of notice of commencement (the expiration date may not be
before completion of construction and final payment to the contractor, but
will be 1 year from the date of recording unless a different date is
specified).  The owner shall be responsible for renewing the notice of
commencement as required to ensure it does not expire before completion of
construction and final payment to the contractor.  

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J.
Henderson, Jr.
Sent: Monday, July 11, 2011 11:24 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Lien Law Legislative Proposal
Importance: High

Folks,

In connection with today's call, please find attached the legislative
committee's proposal for which we are seeking approval to forward to the
Executive Council for further action and, hopefully, submission during the
2012 legislative session.  Attached are:

1.      Legislative Position Request Form

2.      Proposal

3.      White Paper

The long and short is that we are seeking to clarify certain provisions of
the lien law to eliminate contradictory references, clarify the statute of
limitations on actions on payment bonds, tweak the statutory claim of lien
form; tweak the statutory notice of commencement form and clean up the
section dealing with electronic proof of delivery.  I will be on the call to
answer any questions.

Thanks,

Reese

Reese J. Henderson, Jr.

Board Certified Construction Attorney 

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson at atritt.com  <mailto:%5Be-mail%5D> 
www.tritthenderson.com <http://www.tritthenderson.com/> 

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