David Adelstein | Florida Construction Legal Updates A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any… Continue reading Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
Tag: Construction Lien Claim
Construction Lien Does Not Include Late Fees Separate From Interest
David Adelstein | Florida Construction Legal Updates Construction liens can include unpaid finance charges. But, what about late fees? You know, the late fees that certain vendors like to include in their contract or purchase order unrelated to finance charges. An added cost for being delinquent with your payment. Can a late fee be tacked… Continue reading Construction Lien Does Not Include Late Fees Separate From Interest
Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?
Bart Reed | Stoel Rives LLP | April 24, 2018 During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents. It is no less prudent now, however, for the parties to remain aware of their… Continue reading Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?
Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees
David A. Greene – November 29, 2012 One important aspect of Florida’s Construction Lien Law is the award to the prevailing party of its attorney’s fees. Specifically, Florida Statutes §713.29 provides as follows: In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party… Continue reading Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees