[RPPTL-constructionlaw] FW: Quick Lien Question

[Lane, Joseph]

Call our brother Jim McCrae who had a case exactly like this one and got
a SJ as I recall. I doubt there is "caselaw" per se driving this outcome
but he can explain how he set it up.
 

Joseph A. Lane, Esq. 
Board Certified in Construction Law by The Florida Bar 
Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 
450 South Orange Avenue 
Suite 800 
Orlando, FL 32801 
Phone:  407-418-6343 
Fax:    407-843-4444 
email:  joe.lane at lowndes-law.com 
www.lowndes-law.com 


 

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Matthew Belcastro
Sent: Tuesday, November 08, 2011 4:01 PM
To: Constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] FW: Quick Lien Question


 
 Hi folks,
 
 I have the GC.  One of our subs who was fired long ago, recorded a lien
on October 20, which reflected a date of last work of July 4 - - more
than 90 days.  When he started threatening to file suit, we advised him
that the lien is invalid because it was not timely file.  YESTERDAY
(November 7), he recorded a new claim of lien which reflects a new date
of last work of August 10, so on its face, it's timely.  Is anyone aware
of authority that basically invalidates this new lien automatically
since it's pretty clearly not in good faith in light of the previously
recorded lien?
 
 
My client is just trying to keep the owner stable at this point.  Any
help is appreciated.  Thanks.  



Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL  33902
Direct Dial:  239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro at henlaw.com
www.henlaw.com
  

 

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