[RPPTL-constructionlaw] CLC Legislative Report

Mon Mar 12 10:14:34 PDT 2012

I thought Sanjay's report on the case-law history of common law implied warranty today was timely, excellent and accurate.  And please, I am not trying to generate a discussion or responses with my following comment.  However, in response to Mr. Pickert's initial question below, while I appreciate the fact that there exists a process, unfortunately -- apart from resolving technical legal issues, which I think Bar can encourage or provide recommendations -- I do not believe that it is appropriate for the section (by way of either legislative committee or otherwise as a section) to put itself in the position of picking "winners" and "loosers" or taking "sides" on very important and legitimate policy issues in the Legislature, particularly those where construction law interests and practice perspectives differ on evolving areas of the law.  Keith Hetrick

[http://www.broadandcassel.com/images/topcolor.jpg]

Keith  Hetrick
Of Counsel
215 South Monroe Street
Suite 400
[http://www.broadandcassel.com/images/BC.jpg]<http://www.broadandcassel.com/>Tallahassee, FL  32301
Telephone: 850.681.6810
BIO<http://www.broadandcassel.com/attybio.asp?ID=15126>
Direct Line:  850-205-3347
cell phone:  850-251-1838
Direct Facsimile:  850-521-1470
E-mail: khetrick at broadandcassel.com<mailto:khetrick at broadandcassel.com>

[http://www.broadandcassel.com/images/website.jpg] <http://www.broadandcassel.com/>

________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Weintraub, Lee
Sent: Monday, March 12, 2012 12:14 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

The CLC Legislative Committee meets to recommend support & opposition to the entire CLC.  Once approved by the CLC, we then need approval of the RPPTL section.  Once they approve, it becomes our committee legislative position.

[http://becker-poliakoff.us/graphics/logo_120.gif]<http://www.becker-poliakoff.com/>

Lee A. Weintraub
Board Certified Construction Lawyer

        Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax

LWeintraub at becker-poliakoff.com
www.becker-poliakoff.com<http://www.becker-poliakoff.com>

Our clients' total satisfaction is our #1 priority.  The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE at becker-poliakoff.com<mailto:CARE at becker-poliakoff.com>.

Click here<http://www.floridaconstructionlawauthority.com/> to subscribe to our complimentary Florida Construction Law Blog.
________________________________
From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Stephen Pickert
Sent: Monday, March 12, 2012 12:08 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

Who decides which bills are supported and which are opposed?

STEPHEN W. PICKERT, ESQ.
BOARD CERTIFIED IN CONSTRUCTION LAW BY THE FLORIDA BAR
MOYE, O'BRIEN, O'ROURKE, PICKERT & DILLON, LLP
800 SOUTH ORLANDO AVENUE
MAITLAND, FLORIDA 32751
(407) 622-5250
(407) 622-5440 (facsimile)
swpickert at moopd.com

[Confidentiality Notice:  This e-mail, the information contained herein, and any attachments hereto, are intended only for the addressee(s) listed above, and is privileged and confidential.  Any unauthorized interception, use or disclosure hereof is strictly prohibited.

If you received this message in error, please:  immediately notify the sender above (if done by e-mail reply, please put the words "Misdirected E-Mail" in the "re" or "subject" field; if you are a Florida attorney, your attention is directed to The Florida Bar Comm. on Professional Ethics, Op. 93-3; if you are a non-Florida attorney, your attention is directed to ABA Comm. on Ethics and Professional Responsibility, Formal Op. 92-368); delete this message from your "inbox" or equivalent (and, if you replied by e-mail, from your "sent items" box or equivalent); and, refrain from printing or forwarding this message.]

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, March 12, 2012 11:36 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] CLC Legislative Report

Folks,

There were two bills in which we were actively involved this legislative session - the construction lien bill (HB 897) and the construction warranties bill (formerly SB 1196, which was laid on the table in favor of the House version - HB 1013).  We supported to former and opposed the latter.  Both bills passed the legislature last week and are headed for the Governor's desk.  Copies of both bills are attached.

Significant achievements in the construction lien bill include:  (1) elimination of the conflict between the various statute of limitations provisions governing actions on payment bonds (see lines 77-91 of HB 897); (2) elimination of language added last year that clouds the issue of when a notice of commencement expires (see lines 396-397).  Also, the AGC inserted a provision in the bill which now requires the state, any county or any municipality to (a) open sealed bids in a competition solicitation at a public meeting conducted per 286.066, F.S.; (b) announce at the meeting the name of each bidder and the price submitted; and (c) make available upon request the name of each bidder and the price submitted.

Thanks is due to Peggy Rolando, George Meyer, Rob Freedman and Pete Dunbar for their tireless efforts on behalf of our Section and HB 897.

Reese

[cid:479354516 at 12032012-1DA1]

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>
GRAY | ROBINSON<http://www.gray-robinson.com/>
ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

________________________________
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER. THANK YOU.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120312/22e26396/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: BC.jpg
Type: image/jpeg
Size: 4234 bytes
Desc: BC.jpg
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120312/22e26396/BC.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4773 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120312/22e26396/image001.gif>