[RPPTL-constructionlaw] Arnie Speaks on the CLC'sLegislative Actions

Tue Mar 13 08:56:11 PDT 2012

I too would be interested. Thank you.

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of ken.richie at hklaw.com
Sent: Tuesday, March 13, 2012 11:32 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Arnie Speaks on the CLC'sLegislative Actions

Thank you for the email.  I would be interested in the SubCommittee.  Thank you.

Kenneth Richie | Holland & Knight

Partner - Construction Industry Practice Group

Florida Bar Board Certified in Construction Law

200 South Orange Avenue, Suite 2600 | Orlando FL 32801

Phone 407.244.1156 | Fax 407.244.5288

ken.richie at hklaw.com <mailto:ken.richie at hklaw.com>  | www.hklaw.com <http://www.hklaw.com/>  

Add to address book <http://www.hklaw.com/vcard.aspx?user=Krichie>  | View professional biography <http://www.hklaw.com/id77/biosKrichie>  

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Arnold D. Tritt, Jr.
Sent: Tuesday, March 13, 2012 11:09 AM
To: CHernicz at herniczlegal.com; RPPTL constructionlaw
Cc: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Arnie Speaks on the CLC's Legislative Actions

Gang:  Thanks to Steve, Keith, Lee and Charles in regards to their email exchanges related to the CLC's involvement in the legislative process.  

As to whether it is appropriate for the CLC to be actively involved in the legislative process, I always say that there are 3 types of people.  Those that watch things happen. Those that make things happen.  And those that wonder what happened.  

During the Tritt Dynasty (self titled) the CLC will never wonder what happened although we may, on rare occasion, choose not to take a position and simply watch what happens.  Historically, 97.8% of the construction industry related legislation that the CLC gets involved with (this a fabricated statistic but just go with it as I have had too much coffee this morning and am on a roll) is a tide that lifts all ships (or "interests and practice perspectives")

More important than the issue of whether to get involved is whether the CLC is making an "effort to ensure the committee's "perspective" includes a true representative polling of the members' views." Let me assure everyone that it does.

For example, Larry Lieby, Brian Wolf, myself and many other CLC members are part of Associated Builders and Contractors' (ABC) legislative / legal "think tank" (self titled) and work closely with it's lobbyist.   Barry Kalmanson and others are active in the supplier related trade associations. I'm on the Board and serve as General Council to the Northeast Florida Builders Assoc. (the largest chapter of the Florida Association of Home Builders).  Also, I get copied on all Associated General Contractors (AGC) legislative initiatives as well as the Utility Contractors group, etc, blah, blah, blah.

This cross pollination of interest, ideas and perspectives is the CLC's polling of it's membership.  I encourage anyone interested in serving on the CLC's Governmental Affairs SubCommittee to contact me as I will be making new subcommittee appointments in the coming weeks.

I hope this email served to clear up an misconceptions. Thanks, Arnie. 

Sent from my iPad

Arnold D. Tritt, Jr.

Board Certified Construction Attorney 

707 Peninsular Place
Jacksonville, Florida 32204

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On Mar 12, 2012, at 11:40 AM, "Charles B. Hernicz, Esq" <CHernicz at herniczlegal.com> wrote:

	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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Of Counsel 
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Suite 400 
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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.

<~WRD000.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

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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

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	Reese J. Henderson, Jr.

	Shareholder

	GrayRobinson, P.A.

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	Jacksonville, Florida 32202

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