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

Tue Oct 11 13:32:33 PDT 2011

Hello David: I thought I would take this opportunity to say hello.  Unfortunately, we were unable to meet when you came by the FWB Tampa office.  I am trying to identify some work related reason for traveling to Ft Laud, and use that time to come see you. I will call you next week to explore a possible meeting. Take care, Conrad

Sent from my iPhone

On Oct 11, 2011, at 2:58 PM, "David Mankuta" <dbm at atkinson-diner.com<mailto:dbm at atkinson-diner.com>> wrote:

Reese::

No attachment—can you re-send?

Thanks

David B Mankuta, Esq.
Board Certified in Construction Law
dbm at atkinson-diner.com<mailto:dbm at atkinson-diner.com>
www.atkinson-diner.com<http://www.atkinson-diner.com/>
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL  33394
Tel:  (954) 925-5501
Fax:  (954) 920-2711

From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, October 11, 2011 2:42 PM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] FW: ICPC Construction Lien & Bond Legislation for 2012

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

Reese J. Henderson, Jr.

Board Certified Construction Attorney

<image001.jpg>

707 Peninsular Place
Jacksonville, Florida 32204

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

  <image002.jpg>

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From: Roberts, Hardy L. [mailto:hroberts at carltonfields.com]<mailto:[mailto:hroberts at carltonfields.com]>
Sent: Tuesday, October 11, 2011 1:05 PM
To: Reese J. Henderson, Jr.
Cc: Arnold D. Tritt, Jr.; <mailto:lcheron at smithcurrie.com> lcheron at smithcurrie.com<mailto: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]<mailto:[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]<mailto:[mailto:deborahlawson at aol.com]>
Sent: Wednesday, October 05, 2011 12:06 PM
To: Peter M. Dunbar; Martha J. Edenfield
Cc: <mailto:rbkershner at att.net> rbkershner at att.net<mailto:rbkershner at att.net>; <mailto:george.moraitis at myfloridahouse.gov> george.moraitis at myfloridahouse.gov<mailto:george.moraitis at myfloridahouse.gov>; <mailto:matthew.bogdanoff at myfloridahouse.gov> matthew.bogdanoff at myfloridahouse.gov<mailto: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

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