[RPPTL-constructionlaw] CLC Legislative Report

Mon Mar 12 10:40:22 PDT 2012

Thanks for your observation Keith--I agree with your sentiments, but that
seems to be an integral part of the legislative process.  What I'd like to
see more effort to ensure the committee's "perspective" includes a true
representative polling of the members' views.  It seems that many of the
legislative positions supported have been heavily weighted in favor of
developers and owners and contrary to the interests of contractors and other
lienors.  Of course, by voicing our opinions for change, the expected
response from the CLC would be that we should volunteer to become more
involved in the process.  For my part, I am willing to put my time where my
mouth is and do just that.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.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

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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.

Image removed by sender. Becker & Poliakoff

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

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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

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