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
Category Archives: Lien
Subscribe to Lien RSS FeedFlorida’s Broken Lien Law Attorney Fee Statute Desperately in Need of Repair
Posted in Construction, Construction Contracts, LienFlorida’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
Is the Futility Doctrine Futile?
Posted in Construction, Construction Contracts, Contractors, LienThe 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