[RPPTL-constructionlaw] Bond claim issue

Fri Apr 13 11:57:38 PDT 2012

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Ed Kinberg                                                                                                                                  

Fellow, National Contract Management Association                                                                                                       

Board Certified, Construction Law Attorney                                   

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, April 13, 2012 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

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.

50 North Laura Street, Suite 1100 

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson at gray-robinson.com

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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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