[RPPTL-constructionlaw] "Verification" of Payment Bond

[Charles B. Hernicz, Esq]

What is the meaning of the following language in FS 713.23(2) concerning a "Notice of Bond": "The notice shall be verified."  I have not been able to find any case law.  I interpret it as meaning verified by the surety that the bond is, indeed, valid an in effect.  A bond was recorded with the NOC, but the NOC expired before the project was complete, and, in an abundance of caution, I filed both a Notice of Nonpayment and a claim of lien.  The owner's attorney signed and recorded a "Notice of Bond" and attached a copy of the bond that was recorded with the NOC.  Does that satisfy the "verified" requirement and does this constitute a transfer of the lien to bond?

 

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

 

 

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