Andrew Douglas, P.A. > Articles & Blog > Quick Answers on Florida Law > FloridaCivilLaw > Quick Answers on Florida Law: Equitable Lien

Quick Answers on Florida Law: Equitable Lien

Posted · Add Comment
Florida Law Quick Answers

This article is a Quick Answer Page on Equitable Lien, provided by Andrew Douglas, P.A.

What is Equitable Lien in Florida?
How do I prove an Equitable Lien claim in Florida?
What are the elements of a claim for Equitable Lien in Florida?

Our study of the cases indicates that the award of an equitable lien based on unjust enrichment or “general consideration of right and justice” has in each instance been predicated on factors such as Mistake or Material misrepresentation beyond the circumstances described by the complaint in the present case.
….
We hold that a party may successfully maintain a suit under the theory of equitable estoppel only where there is
proof of fraud, misrepresentation, or other affirmative deception. To hold otherwise would inject an unnecessary amount of uncertainty into the construction loan industry.
SEE
Rinker Materials Corp. v. Palmer First National Bank and Trust Co. of Sarasota, 361 So.2d 156, 158 (Fla.
1978) (But see Emerald Designs, Inc. v. Citibank F.S.B., 626 So.2d 1084, 1085 (Fla. 4th DCA 1993) where the court limited the application of this rule to cases where the claimant is seeking priority over a recorded mortgage but not where there are only undisbursed construction loan funds.).

Andrew Douglas, P.A. is a commercial litigation and construction litigation law firm, handling all business and personal claims. Andrew Douglas is a construction attorney and commercial attorney admitted to practice law in the State of Florida, and handling Florida Law Cases. If you have a question about a claim or defense related to Equitable Lien, or any other legal matter in Florida please call Andrew Douglas, P.A. for a free consultation.

Andrew Douglas, P.A., A Florida Commercial Litigation Attorney. Please feel free to contact us to discuss your legal needs.
 
 

At Andrew Douglas, P.A. our Florida Construction Attorneys and Commercial litigation Attorneys handle cases in all of Broward County including Coconut Creek, Cooper City, Coral Springs, Dania, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hillsboro Beach, Hollywood, Lauderdale-by-the-Sea, Lauderdale Lakes, Lauderhill, Lazy Lake Village, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, Weston, Wilton Manors, and Unincorporated Broward, and all cities in Miami-Dade County including Aventura, Bal Harbour, Bay Harbor Islands, Brickell, Carol City, Coconut Grove, Coral Gables, Florida City, Hialeah, Homestead, Kendall, Key Biscayne, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores, Miami Springs, Normandy, North Bay Village, North Miami, North Miami Beach, Opa Locka, Perrine, Pinecrest, Snapper Creek, South Miami, Sunny Isles Beach, Surfside, Sweetwater and all areas of Palm Beach County, the Florida Keys, and all of South Florida. Andrew Douglas, P.A., a Florida Construction Attorney and Commercial Litigation Attorney serving all of Florida.

Disclaimer/Terms of Use for this Website
The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The materials contained within Andrew Douglas, P.A.'s website(s) provide general information about the law and the law firm and do not constitute legal advice. They are intended for informational purposes only. The firm does not seek to represent anyone desiring representation in any jurisdiction where this website does not comply with that jurisdiction’s laws and ethical rules. The supplied e-mail contact, submission forms, and other services of this site should not be used to send any privileged or confidential information. Contacting Andrew Douglas, P.A. or use of this website does not establish an attorney-client relationship. Therefore, do not convey any privileged or confidential information to the firm unless and until a formal attorney-client relationship is established. Use of any information from this site and use of any online service, including but not limited to, the Florida LienMachine, does not establish an attorney-client relationship and shall not constitute legal advice. Andrew Douglas, P.A. only provides legal advice and counsel to retained clients. All materials and services provided through this website are provided without warranty, for informational purposes only, and are to be used at the user's own risk.