Florida Construction Litigation- No Construction Lien. No Problem.

Didn’t preserve any of your lien rights? You may still maybe able to collect amounts owed.

A lien simply allows you to use the property you have worked on as collateral for payment. If you have no lien rights because perhaps you missed a timing requirement, you can always bring an action for breach of contract against any party you have a contract with or bring an action for unjust enrichment against a party who accepted the benefit of your work but who you do not have a direct contract with.


When a Construction Attorney sues on behalf of a contractor or subcontractor to collect amounts owed for their work on a construction project, the Construction Attorney has many tools.  The Attorney can file an action for breach of contract, to foreclose a construction lien, and action for unjust enrichment and more. Below is a description of a few of them these actions and their benefits.



  • Can be used to collect money due or enforce terms on a written or oral contract.
  • Contractor has 4 years to file a lawsuit if the contract was an oral contract, and 5 years if the contract was a written contract.
  • If successful, you receive a judgment which can be executed on the judgment-debtor’s property.


  • Is generally a cause of action brought together with  a breach of contract.
  • Contractor has 1 year from the date of filing a timely lien to bring  a lawsuit to foreclose a construction lien. (unless the time period is shortened by the property owner by the filing of a notice of contest of lien, or if the property owner files  a lawsuit to show cause on the lien)
  • If successful, you receive a judgment for money and a judgment ordering the sale of the liened property to cover the amount owed. This is the major benefit of a construction foreclosure action, is that you can force the sale of the property for payment, are not dependent of the financial ability of the owner themselves to satisfy the judgment.


  • Is an action used when there is no direct contract. (Example:  Subcontractor sues Owner, when subcontractor only had direct contract with general contractor and no contract with Owner)
  • Must be filed within 4 years.
  • Theory behind this action is that it is inequitable for the Owner to retain the benefit of a (sub) contractors work, if the Ownerhas not paid for that work.
  • If successful, you receive a judgment which can be executed on the judgment-debtor’s property.


At Andrew Douglas, P.A. we 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 and Palm Beach Counties, and the Florida Keys.

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