Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Tag: Mechanics Lien Law
The “Lien-Ability” of Field Change Directives Under Typical Construction Lien Laws?
Jonathan M. Preziosi and Stephanie L. Jonaitis | Pepper Hamilton LLP | July 6, 2016 Consider this scenario taken from an actual project dispute: The contractor has entered into an agreement with the owner for a project of any size. During the course of the project, the owner directs the contractor to perform additional work… Continue reading The “Lien-Ability” of Field Change Directives Under Typical Construction Lien Laws?
Doing Business in Florida, “Has the 90-Day Deadline to Record a Florida Construction Lien Started Ticking?”
Jeffrey S. Wertman | Berger Singerman LLP | May 10, 2016 Over the years, there has been considerable litigation over whether or not a construction lien in Florida has been timely filed. As construction projects increase in number, many expect there to be an escalation in construction lien filings. Construction participants, such as contractors, subcontractors,… Continue reading Doing Business in Florida, “Has the 90-Day Deadline to Record a Florida Construction Lien Started Ticking?”
Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed
Brian R. Lambert | Shumaker Loop & Kendrick | April 14, 2016 As construction lawyers asserting lien claims, we commonly have our opponents recite the maxim “construction lien statutes must be given a strict reading,” leading to an argument that a failure to follow the lien law’s very technical requirements leads to a windfall victory… Continue reading Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed
“60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
Thomas P. Wert | Roetzel & Andress | April 28, 2016 On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set forth in Florida’s construction lien law will be strictly construed by the courts. In Hiller v. Phoenix Assoc. of South Fla., Inc., 2016 WL 1386642, the District Court of… Continue reading “60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed