[RPPTL-constructionlaw] CLC Legislative Report

Mon Mar 12 10:25:56 PDT 2012

Keith I understand was the lobbyist for the home builders who pushed the
anti-Miranda bill and likely did not appreciate the Bar's opposition.  I
agree with him that this should not devolve into a forum to wax
philosophical about whether you agree or disagree with the legislation.
However, the Florida Bar, through all its committees, get involved in
many important issues affecting lawyers and their clients.  That likely
won't change in the future, so all of you who would like to be heard on
any piece of future, potentially sensitive issues should contact Reese
Henderson and ask to serve on the legislative committee.  Regardless of
whether you personally believe the Bar should be active in Tallahassee,
it nevertheless is and always has been.  We invite any of you who would
like to be part of the process to join us.

Lee A. Weintraub
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
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
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. 
________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Keith Hetrick
Sent: Monday, March 12, 2012 1:15 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report

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/> 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
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khetrick at broadandcassel.com

www.broadandcassel.com <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.

 Becker & Poliakoff<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

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

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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

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

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

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