[RPPTL-constructionlaw] CLC Legislative Report

Mon Mar 12 11:31:07 PDT 2012

Claire:  I realize that the CLC email exchanges can, at times, get overwhelming (down right annoying).  However, many times they are incredibly interesting and educational. 

I don't want to remove you from the CLC ListServ because you will be out of the loop.  There are ways to set up your computer so that the CLC ListServ emails are automatically forwarded into a folder for you to check at your leisure and thereby not overload your in box.    

Please stay connected.  Can I count on you ?   Arnie.  

Sent from my iPad

On Mar 12, 2012, at 11:57 AM, "Claire Duchemin" <caduchemin at live.com> wrote:

> I do not have the time to read all of these emails and responses going back and forth.  Everyone please delete me from your service list.  Thank you. 
> 
>  
> 
> Claire A. Duchemin
> 
> Claire A. Duchemin, P.A.
> 
> Attorney at Law
> 
> 1615 Village Square Blvd., Suite #7
> 
> Tallahassee, FL  32309
> 
> Phone:  850-270-9870
> 
> Fax:  850-270-9873
> 
> Email:  caduchemin at live.com
> 
>  
> 
> From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq
> Sent: Monday, March 12, 2012 1:40 PM
> To: 'RPPTL constructionlaw'
> Subject: Re: [RPPTL-constructionlaw] CLC Legislative Report
> 
>  
> 
> 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.
> 
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> 
> 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
> 
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> 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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> <image003.jpg>
> 
> Keith  Hetrick 
> Of Counsel 
> 215 South Monroe Street 
> Suite 400 
> <image004.jpg>Tallahassee, FL  32301 
> Telephone: 850.681.6810 
> BIO 
> Direct Line:  850-205-3347  
> cell phone:  850-251-1838 
> Direct Facsimile:  850-521-1470 
> E-mail: khetrick at broadandcassel.com
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> <image003.jpg>
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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.
> 
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> <image003.jpg>
> 
> 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. 
> 
> 
> Click here 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.
> 
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> 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.
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> 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.
> 
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> Reese
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> <image005.gif> 
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> 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
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