About Michael Gibbons
Michael Gibbons is a construction attorney who works in Orlando, FL. Michael has 31 years of experience and is licensed to practice in Florida. Michael
attended the University of Miami School of Law, graduating in 1990. He currently works at Lowndes in Orlando, Florida.
attended the University of Miami School of Law, graduating in 1990. He currently works at Lowndes in Orlando, Florida.
Michael Gibbons's Recent Answers
May 19, 2021
From an Anonymous Contractor
FloridaShareholder at Lowndes
The statutory definition of “Owner” at Fla. Stat. s. 713.01(23) excludes state and local public owners inclusive of school boards. So, no NOC required on
School Board Projects but the contractor does need to record in the Official Records a copy of the statutory Payment Bond.
School Board Projects but the contractor does need to record in the Official Records a copy of the statutory Payment Bond.
May 19, 2021
From an Anonymous Contractor
FloridaShareholder at Lowndes
The statutory support for the Owner’s exposure to double payment risk for payments made after expiry of an NOC is found at Fla. Stat. s. 713.13(1)(d) in the
Warning verbiage of the statutory form of the NOC. See also, Fla. Stat. s. 713.13 (1)(c): “Any payments made by the owner after the expiration of the notice
of commencement are considered improper payments”.
Warning verbiage of the statutory form of the NOC. See also, Fla. Stat. s. 713.13 (1)(c): “Any payments made by the owner after the expiration of the notice
of commencement are considered improper payments”.
Jun 29, 2021
From Justin Sweatt
FloridaShareholder at Lowndes
Yes you can lien leasehold interests. You may want to prepare the Lien so that it identifies the fee owner and the lessee as owners of their respective
interests. Sometimes Fee Owners have clauses in their leases that prohibit liens of tenant contractors from attaching to the fee simple interest of the
Landlord. Difficult to know at time of lien filing so good practice is to name both interests in the Lien and if you have to partially satisfy the Lien latSee More...
interests. Sometimes Fee Owners have clauses in their leases that prohibit liens of tenant contractors from attaching to the fee simple interest of the
Landlord. Difficult to know at time of lien filing so good practice is to name both interests in the Lien and if you have to partially satisfy the Lien latSee More...
Mar 4, 2021
From an Anonymous Contractor
FloridaShareholder at Lowndes
If the bathroom work requires electrical or plumbing scopes of work, you have to be licensed as a general contractor (CGC, CBC or CRC) and hire licensed
plumbers and electricians to properly pull permits and perform the work. Alternatively, if you are licensed as a trade (plumbing or electrical) you can perform
such work within your license without being a GC. If the bathroom work just involved drywall, flooring and paint, then you may be able to get by wiSee More...
plumbers and electricians to properly pull permits and perform the work. Alternatively, if you are licensed as a trade (plumbing or electrical) you can perform
such work within your license without being a GC. If the bathroom work just involved drywall, flooring and paint, then you may be able to get by wiSee More...
Mar 4, 2021
From an Anonymous Contractor
FloridaShareholder at Lowndes
If you are still within 45 days of first date of work, then you need to serve your Notice to Owner by Cert. Mail RRR or if you only have a day or two left before
expiry of the 45 days then serve by hand delivery or overnight carrier (with proof of delivery). If you miss the 45 day deadline for serving a NTO and are a sub
or supplier without a contract with the owner, there is no workaround. You would have lost your lien rights and there is no getting them back for wSee More...
expiry of the 45 days then serve by hand delivery or overnight carrier (with proof of delivery). If you miss the 45 day deadline for serving a NTO and are a sub
or supplier without a contract with the owner, there is no workaround. You would have lost your lien rights and there is no getting them back for wSee More...
Details
Location
Orlando, FL
Years of Experience
35
Expertise Area
Construction Law
Licenses
Florida