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A Trap For the Unwary Could Deprive a Lienor of Lien Rights

 As you may know, construction liens are valid only for one year after recording unless suit is filed within that time to foreclose upon the lien. However, although suing to foreclose upon your lien...

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Lien Laws & Out-of-State Construction Projects (Part I)

 Like everyone else, your construction company is likely feeling the pressure of our prolonged economic downturn with no end in sight. Some states, but perhaps not yours, are starting to show small...

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Lien Laws & Out-of-State Construction Projects (Part II)

  In the first part of this blog series, posted on August 4, 2011, we addressed differences between state laws on the protected class of construction lienors. Today, we’ll cover differences in contract...

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Lien Laws & Out-of-State Construction Projects (Part III)

In this third installment of my series of pitfalls in embarking on construction jobs in states in which you have not previously worked, we’ll consider differences between various state laws regarding...

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Lien Laws & Out-of-State Construction Projects (Part IV)

In this fourth installment in my series of pitfalls in embarking on construction jobs in states in which you have not previously worked, we’ll consider differences between various state laws regarding...

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Lien Laws & Out-of-State Construction Projects (Part V)

Today we conclude my series on differences in lien laws among the states you should consider when working in an unfamiliar state. We begin today with fraudulent liens. Florida has a statute addressing...

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The Good Faith Exception to Fraudulent Liens

Florida’s lien law specifically prohibits a lienor from improperly increasing the amount of its lien beyond the amount owed or including amounts for work not performed. See Section 713.31, Florida...

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It Will Be a Busy Legislative Session for Construction in Florida

By all indications, there will be a few significant construction-related bills in Tallahassee in the next legislative session.   I’m already aware of three potentially significant attempts at...

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Attorney’s Fees and Construction Liens: The Effect of Pre-Foreclosure...

Florida Statute §713.29 allows the prevailing party in a construction lien foreclosure action to recover reasonable attorney’s fees incurred as a result of the foreclosure. By introducing the risk of...

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Attorney fees not necessarily awarded to a party who prevails in a...

Florida’s mechanic’s lien law generally provides for an award of attorney fees to a party that prevails in a construction lien dispute. Fla. Stat. § 713.29 But what happens if one party prevails on the...

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