Construction Contracting: Mandatory Provisions for Residential Contracts

Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more

Judgment Attaches to Real Property Only After Recordation of Certified Copy of Judgment

final judgment construction attorney

The normal course of action when a Florida Court (or a South Florida Court at least in my experience) enters a final judgment is for the clerk to record such judgment in the Official Records of the same County. However, this action by the Clerk does not cause such judgment to attach to real property of … Read more

Florida Construction Lien Law: Method of Serving Notices 713.18, Florida Statutes

Serving Construction Notices Florida

713.18 Manner of serving notices and other instruments.— (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods: (a) By actual delivery to the person to … Read more

Significant Issues Test Applicable to Determine Attorney Fee Entitlement in Lien Foreclosure Actions

Significant Issues Test Applicable to Determine Attorney’s Fees Entitlement Under 713.29, Florida Statute for Lien Foreclosure Actions FRANK J. TRYTEK, et al., Petitioners, vs. GALE INDUSTRIES, INC., etc., Respondent. No. SC07-1641 SUPREME COURT OF FLORIDA 3 So. 3d 1194; 2009 Fla. LEXIS 257; 34 Fla. L. Weekly S 247 ” Trial courts are required to … Read more

Clerk’s Satisfaction of Judgment

Want to satisfy a judgment but cannot find or get cooperation of the judgment-creditor? There are options. Fla. Stat. 55.141 provides a method to obtain a satisfaction of judgment by just dealing with the clerk. Judgment debtors may want to use this statute if: The cannot find the judgment holder, Judgment holder not-cooperating – will … Read more

Small Business Attorney

Small Business Attorney: A Small Business Attorney For All Aspects of Your Small Business and Personal Life   In this economy every dollar counts, you need to see a Small Business Attorney for your business and your personal matters. Small Business Attorney is for more than your just business it is your one stop attorney … Read more

Construction Litigation: Getting Paid for Your Work

Construction Litigation: Collecting Amounts Due for Work on a Construction Project   When Written Demands for Payment Fail, you may need to see a Construction Litigation Attorney Construction litigation is court proceedings that arise out of a construction project.  A construction litigation case can by or between any of the players in the construction process … Read more

Florida’s Homestead Exemption and its Benefits. Everything a Floridian Needs to Know.

This is a quick guide as to the meaning and benefits of the Florida Homestead Exemption. While many states have some sort of Homestead benefits, Florida’s Homestead laws provide the Country’s most generous set of benefits to its homeowners. The term Homestead exemption in Florida may refer to four different types of homestead exemptions/benefits  under Florida law: … Read more

MythBusting: Lawsuit to Foreclose a Florida Claim of Lien- One year, No extensions!

There is a common misconception(myth) among contractors that the deadline to file a lawsuit on a claim of lien can be extended beyond the one year statutory period  simply by refiling the same claim of lien before the expiration of the first. This is inaccurate. Simply put, you have 1 year from the recording of … Read more