[RPPTL-constructionlaw] Lien issue with public entity

Mon Apr 16 13:52:52 PDT 2012

It's a given that you can't lien public property under Chapter 713 and that
the public entity should require a payment bond but what if the public
entity either 1 doesn't require a bond for the work because it's too small a
job or 2 doesn't require a bond even if the project should have a bond?  Can
sovereign immunity be waived? What's the best practice to preserve
subcontractor's rights and pursue the claim?

Thanks in advance.

Greg

Gregory J. Johansen

Gregory J. Johansen P.A.

4767 New Broad Street

Orlando FL 32814

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gregoryjohansen at gjjlaw.com

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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Steve
Thompson
Sent: Friday, April 13, 2012 4:07 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

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
255.05 bond.

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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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute on point.

Barry Kalmanson
 <mailto:bkpa1 at aol.com> bkpa1 at aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. < <mailto:Reese.Henderson at gray-robinson.com>
Reese.Henderson at gray-robinson.com>
To: RPPTL constructionlaw < <mailto:constructionlaw at lists.flabarrpptl.org>
constructionlaw at lists.flabarrpptl.org>
Sent: Fri, Apr 13, 2012 2:29 pm
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:  <mailto:Reese.Henderson at gray-robinson.com>
Reese.Henderson at gray-robinson.com

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From:  <mailto:constructionlaw-bounces at lists.flabarrpptl.org>
constructionlaw-bounces at lists.flabarrpptl.org [
<mailto: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:  <mailto:constructionlaw at lists.flabarrpptl.org>
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

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