[RPPTL-constructionlaw] Bond claim issue

Fri Apr 13 11:28:58 PDT 2012

Larry Leiby will have the site at his fingertips, but there is caselaw
that says lien waivers are enforceable to waive rights against a payment
bond.

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form
of Section 713.20(4) (after supplying all materials and performing all
work).  It's a government project, there are no lien rights.  Same
Subcontractor has a bond claim for amounts unpaid (there is both a
Section 255.05 bond and a subcontractor common law bond potentially
applicable).  Is the progress payment release of lien enforceable
against Subcontractor to prevent Subcontractor from getting paid the
unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw at ymail.com

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