Title: Opinion File 77-153 thru 77-154
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Permanent Link: http://ufdc.ufl.edu/WL00003516/00001
 Material Information
Title: Opinion File 77-153 thru 77-154
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-153 thru 77-154
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 68
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003516
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

-- 7-77-







October 3, 1977





Jay T. Ahers, Esquire
Staff Attorney
Southwest Florida Water Management District
Brooksville, Florida 33512

Res Mechanics' Liens
Dear Jay:

Due to the 1977 amendment to Section 713.06, Florida Statutes,
all construction contracts must contain the following:
"The owner shall retain the final payment due under the
direct contract that shall not be disbursed until the
controator's affidavit provided for in Section 713.06
(3)(d)(1) has been furnished to the owner."

Even though, under the new law there is no requirement that
it be at least 10% of the original price, it is important that
we include in the provisions of the contract that until the
final payment is due under the contractor and we have the
proper affidavit, no amount of the final payment shall be dis-
bursed.
Yoors very truly,


Myron G. Gibbons
MGG:bl












INTER-OFFICE MEMO


TO: MGG
FROM: VLH

RE: Mechanic's Lien


The major change in the Mechanic's Lien law by the 1977 legis-
lature concerns the effect of failing to file a Notice to
Owner for persons not in privity. New law provides that:

1. A sub-subcontractor or a materialmen to a sub-
contractor must serve a copy of his notice to
owner or the contractor as a prerequisite to
perfecting his lien under the statute.

2. A materialmen to a sub-subcontractor must serve
a copy of his notice to owner on the sub-contrac-
tor or the sub-subcontractor as a prerequisite to
perfecting his lien under the statute.

C 3. The notice to owner must be served regardless of
the method of payments by the owner whether or
proper or improper and shall not give the lienor
serving the notice any priority over other lienors
in the same categatory and the failure to serve
the notice shall be a complete defense to payment
by any person except a person with whom the lienor
failing to serve the notice has a contract.

Additionally the 1977 amendment provideSthat any lienor listed
in a contractor's affidavit who has not filed a timely notice
to owner is not entitled to be paid by the owner or by any other
person except the person with whom the lienor has a contract.

Finally, Section 713.06(3)(d)(5): "The owner shall retain the
last payment under a contract or 10% of the originally contract
price, whichever is larger, which shall not be disbursed until
the contractor's affidavit under paragraph D(1) of this Section
has been delivered to the owner." was amended to read as follows:
"The owner shall retain the final payment due under the direct
contract that shall not be disbursed until the contractor's
affidavit under paragraph D(1) of this subsection has been fur,,
nished to the owner."


9/16/77 AP W ^ -
f% js "e. f




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