[RPPTL-constructionlaw] Lien issue with public entity
Bruce Partington
bparting at cphlaw.com
Mon Apr 16 14:12:42 PDT 2012
See Palm Beach County v. Trinity Inds., 661 So. 2d 942 (Fla. 4th DCA
1995), and Warren f/u/b/o Hughes Supply Co. v. Glenns Falls Idem. Co.,
66 So. 2d 54 (1953).
Bruce D. Partington
Clark Partington
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Direct: 850-432-1399
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*Board Certified in Construction Law
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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Gregory Johansen
Sent: Monday, April 16, 2012 3:53 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity
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
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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
bkpa1 at aol.com <mailto:bkpa1 at aol.com>
-----Original Message-----
From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com
<mailto:Reese.Henderson at gray-robinson.com> >
To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org
<mailto: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: Reese.Henderson at gray-robinson.com
<mailto:Reese.Henderson at gray-robinson.com>
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From: constructionlaw-bounces at lists.flabarrpptl.org
<mailto: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: constructionlaw at lists.flabarrpptl.org
<mailto: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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