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

[Manuel Farach]

Good pointVILLADONIA


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

Richman Greer P.A.
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, November 28, 2011 9:27 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Ower Signing Notice of Commencement for Tenant Does Not Subject Landlord's Estate to Construction Liens

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.
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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.
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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<http://www.RichmanGreer.com>

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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
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