[RPPTL-constructionlaw] Bond claim issue

Fri Apr 13 13:00:39 PDT 2012

Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the bond.

Steven F. Thompson, Esq.
Thompson & Brooks
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Tampa, Fl. 33602
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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of William L. Grant
Sent: Friday, April 13, 2012 2:54 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute.  Section 713.23 says: “(5) A waiver and release of lien pursuant to s. 713.20 <http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.20.html>  given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.”  There is at least an argument the same would apply to a 255.05 job, since courts regularly rely on 713 when the answer is not in 255.05.

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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