[RPPTL-constructionlaw] CBE and "useful business services"

Thu May 10 12:54:28 PDT 2012

For purposes of complying with CBE requirements, can someone shed some light on a way to define what will constitute sufficient services so as not to be deemed “a conduit”? (Besides the statutory language of 287.0943) 

Tracye K. Solove, Attorney at Law

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Larry Leiby
Sent: Thursday, May 03, 2012 10:26 AM
To: RPPTL constructionlaw; CHernicz at herniczlegal.com
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted byNotice Companies

If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court.  

See 287 So.2d 305

Larry R. Leiby, Esq.

Malka & Kravitz, P.A.                                                          

1300 Sawgrass Corp. Pkwy., Suite 100

Ft. Lauderdale, FL  33323

Phone:  954-514-0984

Fax:      954-514-0985     e-mail:  leiby at mkpalaw.com

Board Certified in Construction Law

Fla. Supreme Court Certified Circuit Court Civil Mediator

Member, Leiby Alexander Brandt ADR Group, LLC

Member, JAMS Global Engineering and Construction Panel                    

Fellow, College of Commercial Arbitrators

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Wednesday, May 02, 2012 12:30 PM
To: CHernicz at herniczlegal.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate

authority?

Mike

Sent from my iPad

On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz at herniczlegal.com> wrote:

	The 2007 changes to chapter 713 included a change to 713.08 that states--

	(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

	My understanding was that this was intended to prohibit notice companies from drafting claims of lien.  The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block.  I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out).  What can/should be done to stop this??

	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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Michael D. Randolph

Board Certified in Construction Law

GrayRobinson, P.A.

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Naples, Florida 34108

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