The Florida law firm of Cole, Scott & Kissane, P.A. recently obtained a judgment following an October 2014 bench trial in Miami, Florida, completely denying the Plaintiff’s construction lien foreclosure claim.
Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are not paid for the work that has been performed. Under Florida Statute § 713.06, if the contractor is not in privity with the owner, the contractor must give notice to the owner… Continue Reading
Earlier this month, the Florida Legislature wrapped up its 2013 Regular Session. With its close on May 3, 2013, came the demise of legislation intended to make changes to Florida’s construction lien laws. The legislation sought to: Revise the mandatory notice provision in contracts between owners and contractors [F.S. § 713.015 (1)]; Revise notice requirements… Continue Reading
The failure to have a proper license as a contractor, where a license is required, may have adverse consequences to the party performing the work. Work done by an unlicensed contractor may result in the inability to collect, loss of lien rights, prosecution for a crime, and treble damages resulting from injury arising out of the… Continue Reading
Florida’s Lien Law statute generally provides in Section 713.29 that the prevailing party in a lien foreclosure or bond enforcement action shall be entitled to its reasonable attorney’s fees. The sense of certainty that appeared on the face of this Statute historically weighed favorably on a party’s evaluation of whether and how to prosecute or… Continue Reading
The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their clients – occasionally contrary to what appears just and fair. However, from time to time, the courts step up and… Continue Reading