Tag: liens

Recover Legal Fees After a Lawsuit – 3 Mistakes to Avoid

Florida’s construction lien statute says the prevailing party in any action to enforce a lien is entitled to recover a reasonable fee for the services of his or her attorney. So what happens if a lien dispute between a contractor and his homeowner clients is resolved in the contractor‘s favor but through an arbitration proceeding versus a court of law? Would the contractor still be entitled to recover his attorney’s fees as the prevailing party? He surely thought so, but to his surprise a court didn’t see it his way. The lien statute requires that lien enforcement actions be brought ... Read more

Repair Shop’s Right To Lien

An equipment repair shop went about fixing a backhoe brought in for service. After completing its work, the shop returned the equipment to its owners along with a bill for repairs. When in a few months the shop didn’t get paid, it placed a repairman’s lien on the backhoe – recording notice of the monies it was owed. A suit was eventually filed to foreclose the lien; an open and shut case thought the repair shop. But in what should be a wake-up call for all those whose business practice has been to release items before getting paid, the court ... Read more

6 Ways to Lose Your Claim of Lien Rights

A claim of lien may be a contractor’s last resort, often filed at the eleventh hour in an attempt to protect monies due for work performed. But prepared in a rush or not filed the right way and without the proper follow-up, liens can be defective and ineffective. There are plenty of times when a construction lawyer receives a claim of lien to enforce, only to realize upon reviewing the lien that there are problems. Some missteps may be more obvious than others, and several can be fatal to the enforcement of a lien. Here are 6 quick ways to lose your claim of lien: Not serving a ... Read more