Construction Lien

  • ARE YOU A CONSTRUCTION LIENOR?

    …! Florida Statue s. 713.01(18) defines a lienor as follows: (18) “Lienor” means a person who is: (a) A contractor; (b) A subcontractor; (c) A sub-subcontractor; (d) A laborer; (e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or (f) A professional lienor under s. 713.03; and who has a lien…

    Florida Construction Legal Updates- 11 readers -
  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s…

    Florida Construction Legal Updates- 15 readers -
  • CONSULT WITH COUNSEL WHEN PREPARING CONSTRUCTION LIENS

    … All too often entities prepare their own construction liens. Sure, it is an effective way to save a few bucks. No doubt about it. But, by doing so, you are (i) not relying on advice of counsel that is important when it comes to lien preparation and (ii) not relying on strategy that goes along with the preparation of a lien. When you are liening…

    Florida Construction Legal Updates- 9 readers -
  • FINAL FURNISHING DATE IS A QUESTION OF FACT

    … Construction liens need to be recorded within 90 days from the lienor’s final furnishing date on the project. This date is exclusive of punchlist or warranty work. The final furnishing date needs to be proven at trial to establish that the construction lien was timely recorded. If there is an evidentiary dispute as the final furnishing date…

    Florida Construction Legal Updates- 11 readers -
  • QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    …. With this sentiment, certain disputes become solely driven by attorney’s fees. Now, there is a trend for the prevailing party for purposes of attorney’s fees for certain disputes such as construction lien actions and breach of contract actions to be determined by the significant issues test. While recovering a net judgment is important, there…

    Florida Construction Legal Updates- 12 readers -
  • PROPERLY TERMINATING A NOTICE OF COMMENCEMENT

    … to record any construction lien within 30 days once you receive a notice of termination of the notice of commencement if you have NOT been paid in full or there is a payment dispute. For example, in Lasalle Bank National Association v. Blackton, Inc., 9 So.3d 329 (Fla. 5th DCA 2011), the home-builder recoded a notice of termination of the notice…

    Florida Construction Legal Updates- 9 readers -
  • IMPACT OF LIS PENDENS ON UNRECORDED INTERESTS / LIENS

    … In a previous article, I discussed the importance of recording a lis pendens in a construction lien foreclosure action. There is another noteworthy point relating to the impact of lis pendens that can provide quite a bit of consternation. Florida Statute 48.23(1)(d) provides: (d) Except for the interest of persons in possession…

    Florida Construction Legal Updates- 14 readers -
  • LIS PENDENS – RECORDATION AND DISSOLUTION

    … When you file a construction lien foreclosure lawsuit, you must also record a lis pendens in the official (public) records against the property. This lis pendens serves as written notice that there is a lawsuit concerning the real property, and more specifically, title relating to that real property. If the property is then sold or rented…

    Florida Construction Legal Updates- 12 readers -
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