[RPPTL LandTen] Ower Signing Notice of Commencement for Tenant Does Not Subject Landlord's Estate to Construction Liens

[Anthony J. Horky]

Good case.  I wonder if the outcome would have been different had the GC challenged the sufficiency of the Notice of Lien Prohibition at the trial court level. See fn 3.  

 

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law at gmail.com

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ajhorky.law at gmail.com. 

-------------------------------------------------------

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Saturday, November 26, 2011 4:06 PM
To: RPPTL Landlord Tenant Committee (landten at lists.flabarrpptl.org)
Subject: [RPPTL LandTen] Ower Signing Notice of Commencement for Tenant Does Not Subject Landlord's Estate to Construction Liens

 

The Fourth District got it right on the money:

 

Contrary to MHB's assertion, we do not read section 713.13, Sasso Air Conditioning, Inc., or any other case law provided by MHB to suggest that the execution of a notice of commencement has the effect of giving a contractor the right to lien the property of a lessor who is not a party to the contractor-lessee contract for improvements.FN2

 

FN2. We also note that the Notice of Commencement properly complied with the requirements of section 713.13(1)(a)3., Florida Statutes (2010), by listing Tenant as the owner and that Tenant's ownership interest was a leasehold interest.

  _____  

Image removed by sender.

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com
www.RichmanGreer.com

Image removed by sender.

To ensure compliance with requirements imposed by the IRS, we inform 
you that any U.S. federal tax advice contained in this communication (including 
any attachments) is not intended or written to be used, and cannot be used, for 
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) 
promoting, marketing or recommending to another party any transaction or matter 
addressed herein. 

This message contains confidential information and is intended for landten at lists.flabarrpptl.org. If you are not 
landten at lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in 
reliance on the contents of this information is strictly prohibited. E-mail 
transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach at richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which 
arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

  _____  

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111128/92bb21e2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 572 bytes
Desc: not available
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111128/92bb21e2/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 602 bytes
Desc: not available
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111128/92bb21e2/attachment-0001.jpg>