Construction Liens

2 Mar, 2019

Appellate Court Applies Significant Issues Test to Deny Both Owner’s and Contractor’s Claims for Attorney Fees

2019-03-03T17:46:47-05:00March 2nd, 2019|Categories: Construction Liens|Tags: |

What you need to know: Where a construction contract itemizes materials, installation, or other costs, a court may find the contract to be “divisible” such that one of the parties may have an enforceable lien for one or more of the items but be in breach as to other items. In lien enforcement actions, the party that prevails in the trial court on the “significant issues” will be entitled to recover [...]

1 Mar, 2019

Owner Relies on Forged Lien Releases, Proper Payments Defense to Defeat Subcontractor’s Lien

2019-03-03T17:26:08-05:00March 1st, 2019|Categories: Construction Liens|Tags: , |

What you need to know: A project owner may rely on a lien release in a subcontractor's name, even though the release was forged by the contractor and the subcontractor did not receive payment. If the owner complies with the requirements of the lien law, its liability for lien claims will not exceed the direct contract price. This is known as the “proper payments” defense. In Continental Concrete, Inc. v. Lakes [...]

9 Oct, 2018

Construction Liens are for Work Furnished in Accordance with the Direct Contract

2019-02-16T11:17:39-05:00October 9th, 2018|Categories: Construction Liens|Tags: |

If you are a contractor, Florida’s Construction Lien Law provides lien rights for “labor, services, materials, or other items required by, or furnished in accordance with, the direct contract . . . .” Fla. Stat., §713.05 (1997). The law defines a “direct contract” as one between the owner and any other person for improving real property. If you are a subcontractor, sub-subcontractor, materialman or laborer, the lien law provides lien rights [...]

10 Mar, 2015

Florida’s Local Government Prompt Payment Act

2019-02-16T07:17:15-05:00March 10th, 2015|Categories: Construction Contracts, Construction Liens|

By: Robert S. Tanner, Esq. Florida Bar Board Certified Construction Lawyer</em Cash flow is an important aspect of a contractor’s financial evaluations and forecasts.[1] An owner’s failure to pay timely can break a contractor. Florida law provides contractors with a statutory right to prompt payment. In this article we will look at the contractor’s right to prompt payment on local government projects. Overview Owners sometimes withhold monies beyond retention and undisputed [...]