[RPPTL LandTen] FW: Amendments to Sections 713.10 and 713.13

[Neil B. Shoter]

As you know, our Committee has been involved this year in proposing statutory revisions to Sections 713.10 and 713.13.  The attached Amicus brief may be of interest as well as Art Menor's insightful comments below.  Thanks to Art for his continuing diligence on these issues.

Neil

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Neil B. Shoter
Partner / LEED Accredited Professional
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________________________________
From: Arthur J. Menor
Sent: Wednesday, December 29, 2010 5:59 PM
To: 'Reese J. Henderson, Jr.'; 'bawolf at smithcurrie.com'
Cc: 'gmeyer at carltonfields.com'; Margaret A. Rolando; Neil B. Shoter; 'SAFrank at arnstein.com'; 'fred.dudley at hklaw.com'; John W. Little III (jlittle at brighammoore.com); Peter M. Dunbar; 'Michael J. Gelfand'
Subject: Amendments to Sections 713.10 and 713.13

Attached is an Amicus Curiae Brief filed by the AGC in an appeal to the Fourth District Court of Appeal by a contractor whose construction lien foreclosure action against a landlord was dismissed by the trial court based on a Notice of Lien Prohibition recorded by the landlord pursuant to Section 713.10.  Note that the AGC is arguing that (1) by signing the Notice of Commencement (which the City required be signed by the landlord instead of the tenant) the landlord waived the protections of Section 713.13; (2) the landlord was using the tenant as a straw man to construct the improvements for the landlord and thereby to shield the improvements from lien liability; and (3) based on Everglades Electric the court should not have dismissed the contractor's claim because the Notice of Lien Prohibition was (based on Everglades) defective on its face and the contractor should be allowed discovery to review all of the leases at the property.

Certainly, the first argument validates our rationale in seeking amendments to Section 713.13.  Also, the second and third arguments illustrate some of the fall out from Everglades and the need for greater certainty in this area of the law which our amendments to Section 713.10 should help provide.


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Arthur J. Menor
Partner
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Shutts & Bowen LLP
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