Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more

Florida Lien Law: Liens and Leases

Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more

Florida Legislature Reins in Condominium and HOA Estoppel Fees

As a part of the sale of any HOA controlled home, or a condominium unit, title insurers and closing agents require estoppel certificates indicating the amount owed, if any, to the HOA/Condo Association so that the appropriate prorations are made, and so that HOA/Association liens are cleared upon closing by the closing agent. Until now … Read more

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

Contract Reformation in Florida – Statute of Limitations

In Florida, a party to a contract may seek to invoke the equitable jurisdiction of the Court to enforce a contract that does not accurately reflect the agreement made by the parties.  If the Contract does not accurately reflect the agreement between the parties, a party can ask the Court to reform the contract to accurately reflect the true intentions … Read more

Foreclosing Construction Lien on Condominium for Common Area Work

Condominium Lien

Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens.  Contrary to popular … Read more

Overhead and Profit Includable In Florida Construction Lien – Maybe?

Fraudulent Lien

A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead,  if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … 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

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