[RPPTL-constructionlaw] Lien issue with public entity

Mon Apr 16 16:56:13 PDT 2012

I love it, but won't bore everyone with the details. It is actually a true question, but I think I already have the answer. Gotta love a good bar fight among women "sticking each other" with a bottle.

From: Ian Kravitz [mailto:Ian at mkpalaw.com]
Sent: Monday, April 16, 2012 06:49 PM
To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org>
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity

Alex,

We will clearly need more facts to be able to effectively respond.  Where was your. List when the statement was made?  What had transpired prior to that, etc?

Please advise so that your colleagues who may wish to assist you can do so.

Regards,

Ian Kravitz, Esquire
Malka & Kravitz, P.A.
1300 Sawgrass Corp Pkwy
Suite 100
Sunrise, FL 33323

Sent from my mobile device so please excuse any typos

On Apr 16, 2012, at 6:31 PM, "Alex Morris" <alex at ramlawyer.com<mailto:alex at ramlawyer.com>> wrote:

Dear Group-

I have asked in several kind ways to be removed from this list. None of the requests have had any apparent impact. I know several of you on the "list-serve" and you will find my engagement humorous because you know me. At any rate, and from this point forward, any email I receive from this distribution list will be responded to "Reply To All.". It will contain completely annoying queries and things that are completely non sequitur to your practice. That is because of the following:

1). I am a criminal defense attorney who handles some pretty "serious biz" in state and federal court. A good example would be death penalty cases and large scale federal narcotics conspiracies. These do not involve lien laws and things that are within your normal banter.

2). I have thrice asked to be removed from this list. Included in those communications has been the fact that my dad practices in the construction law realm, but I cannot receive emails on his behalf. I have a thriving practice of my own and cannot take responsibility for forwarding emails to him.

3). The stop-gap measure of "send it to a specified folder in your email" is unacceptable. I do not need the emails in the first instance. Thus, I don't need to deal with this.

4). I completely hate being a "horse's ass," but expecting me to enjoy 50 emails a day is insane!

5). Given the foregoing, I am going to ask all of you to remove me from your "string."

6). In the absence of your removal of my email address, I would love for a few people to help me out on an evidentiary question on the admissibility of my client's self serving hearsay statements when he/she spoke with the cops. There is some great case law out there which seems to indicate that I may be able to get it in under the "Rule of Completeness" and/or the "Best Evidence Rule" if the cop attributes inculpatory statements to my client. And, if you really care, it is an "in car video" from the patrol car that helps to prove my client's case.

So, I am going to look forward to a bunch of feedback or just simply being removed from EVERYONE's distribution list.

This is insane!!!!

Alex Morris (aka Robert A. Morris)

From: kim.ashby at akerman.com<mailto:kim.ashby at akerman.com> [mailto:kim.ashby at akerman.com]
Sent: Monday, April 16, 2012 05:29 PM
To: constructionlaw at lists.flabarrpptl.org<mailto:constructionlaw at lists.flabarrpptl.org> <constructionlaw at lists.flabarrpptl.org<mailto:constructionlaw at lists.flabarrpptl.org>>
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity

Glen Falls is actually the only true way past sovereign immunity because it was the Commissioners' surety which was the target and not the public servants.  Larry L disagrees with me.

Kimberly A. Ashby
Board Certified in Appellate Law and Construction Law
Akerman Senterfitt | 420 South Orange Avenue | Suite 1200 | Orlando, FL 32801
P.O. Box 231, Orlando, Florida 32802
Dir: 407.419.8424 | Main: 407.423.4000 | Fax: 407.254.4229
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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] On Behalf Of fred.dudley at hklaw.com<mailto:fred.dudley at hklaw.com>
Sent: Monday, April 16, 2012 5:25 PM
To: constructionlaw at lists.flabarrpptl.org<mailto:constructionlaw at lists.flabarrpptl.org>
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity

You used to be able to sue the individual commissioners on their fidelity surety bonds, but those bonds may have been repealed. See: Glen Falls ex rel. Governor.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301

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From: Gregory Johansen [mailto:gregoryjohansen at gjjlaw.com]
Sent: Monday, April 16, 2012 04:52 PM
To: 'RPPTL constructionlaw' <constructionlaw at lists.flabarrpptl.org<mailto:constructionlaw at lists.flabarrpptl.org>>
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

407-956-1050
407-514-2604 (fax)

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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] 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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Fax 813-387-1824
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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] On Behalf Of Barry Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw at lists.flabarrpptl.org<mailto: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] 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
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