[RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond Legislation for 2012

Tue Oct 11 11:42:10 PDT 2011

CLC Members,

Please see attached proposed lien law legislation for which comments
have been requested from the CLC.  Please provide any comments you have
to me by COB this Friday, October 14.

Thanks,

Reese

From: Roberts, Hardy L. [mailto:hroberts at carltonfields.com] 
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; lcheron at smithcurrie.com; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012

FYI

From: Freedman, Robert S. 
Sent: Tuesday, October 11, 2011 1:04 PM
To: Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy
L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012

Greetings.  Please see the below email from Martha and the attached
proposed legislation.  I have confirmed with Martha that she needs
comments back by the middle of next week, so please send me your
committee's thoughts by the end of business on Tuesday, October 18th so
that we can meet her timing.  Thanks. Rob 

From: Martha J. Edenfield [mailto:martha at penningtonlaw.com] 
Sent: Tuesday, October 11, 2011 12:30 PM
To: Barry Spivey; Freedman, Robert S.
Cc: Peter M. Dunbar
Subject: FW: ICPC Construction Lien & Bond Legislation for 2012

We have been asked to comment on this proposed legislation. Please let
me know who else need to receive it. It would be helpful to have
comments by next week. Thanks!

Martha

From: Deborah Lawson [mailto:deborahlawson at aol.com] 
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: rbkershner at att.net; george.moraitis at myfloridahouse.gov;
matthew.bogdanoff at myfloridahouse.gov
Subject: ICPC Construction Lien & Bond Legislation for 2012

Pete and Martha,

Representative Moraitis has agreed to sponsor the ICPC's Construction
Lien and Bond legislation for the upcoming Session and has asked Bruce
and I to make sure to get a copy to you for the Construction Law
Committee's review.  Attached is the bill and a section-by-section
summary of what it does.  

For the most part, this bill is a very scaled down version of the much
larger bill we have been working on for the last several years.  We have
jettisoned the consumer provisions that were in our bill because frankly
we have been unable to convince the residential contractors that better
consumer education would be beneficial and have decided to just try to
get these clean up issues taken care of.  

We have added one new issue to the bill - language in both 255.05 and
713.23 to insure that bonds do not have limited duration.  This is to
address a recent appellate court decision in Utah which upheld the
effectiveness of a bond that terminated prior to completion of the
project.  In that case the claimants were left completely unprotected.
We have never had this issue in Florida and want to make sure that the
problem does not proliferate.

We certainly welcome any comments or recommendations from the Bar, and
would also appreciate a heads up on any legislation you may be working
on this upcoming year.  We have seen several proposals that have been
working their way through the bar committee process, some of which we do
have concerns about.

Sincerely,

Deborah E. Lawson

Lawson Governmental Affairs

4125 Pecan Branch Road

Tallahassee, FL  32309-5558

Ph.  850 878 1606

Fax  850 878 2716

Cell 850 570 0033

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 tritthenderson.com
www.tritthenderson.com

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