[RPPTL-constructionlaw] (no subject)

Tue Sep 27 11:24:09 PDT 2011

I have "negotiated" this in the past by having my contractor client approach
the owner's rep and obtain authority for me to issue the Notice of Contest,
or a Request for Sworn Statement of Account, as the owner's "agent."  The
owner's rep sends me an email authorizing me to act as the owner's agent for
this sole purpose, giving me authority to issue the Notice/Request and
validly state it is in my capacity as owner's agent.

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

-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Langfred
White
Sent: Tuesday, September 27, 2011 1:46 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] (no subject)

My interpretation of the question is along the lines of "Can a general
contractor record a Notice of Contest against a lien filed by a
subcontractor?"  The statute reads "An owner or the owner's agent or
attorney..." so the literal words suggest the general contractor could not,
unless the owner authorized the GC to do so as the owner's agent.
Unfortunately, I don't have any "killer cases" on that question in my
research files. 

Regards,
Lan White

Langfred W. White, Esq.
Board Certified in Construction Law

The Law Offices of Langfred W. White, PA
25400 US Highway 19 North
Suite 160
Clearwater, FL 33763
Phone: (727) 797-5599
Fax: (727) 797-5695
email: lan at lwwhiteattorney.com
Cell: (727) 422-5064

-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
fred.dudley at hklaw.com
Sent: Tuesday, September 27, 2011 1:28 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] (no subject)

Why wouldn't it just be the owner of record?

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone
850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley at hklaw.com |
www.hklaw.com

-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Steve
Thompson
Sent: Tuesday, September 27, 2011 11:09 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] (no subject)

Can anyone share any research they may have related to who, in the chain of
privity, may act as an owner's agent for service of a Notice Of Contest Of
Lien pursuant to Fl. Stat. 713.22?

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

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