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Recent Posts

DO NOT BANK ON RECOVERING YOUR ATTORNEYS’ FEES IN A CONSTRUCTION LIEN FORECLOSURE ACTION

Posted on 7 August, 2011
A party should never bank on recovering their attorneys' fees when prosecuting or defending a construction lien foreclosure action.   In a construction lien action, the prevailing party has been statutorily entitled to recover their reasonable attorneys’ fees.

MORE ON PRECONSTRUCTION AGREEMENTS AND DEPOSITS (an update to 7/16/11 post)

Posted on 23 July, 2011
Craigside, LLC v. GDC View, LLC, 36 Fla. L. Weekly d1577e (Fla. 1st DCA 2011) is another case dealing with a buyer of a preconstruction condominium unit trying to recover its deposit from a developer/seller.  In this case, the preconstruction contract was...

OWNERS DON’T FORGET ABOUT SERVING A REQUEST FOR SWORN STATEMENT OF ACCOUNT

Posted on 17 July, 2011
Owners undertaking a construction project are always concerned about construction liens from subcontractors, sub-subcontractors, and suppliers that preserved their lien rights by serving a notice to owner in accordance with Florida’s Lien Law (Florida Statutes Chapter 713) (“Lienors”). One way an owner alleviates this...

PRECONSTRUCTION AND PURCHASE-SALE CONTRACTS- ARGUMENTS TO REVOKE THE CONTRACT AND RECOVER THE DEPOSIT

Posted on 16 July, 2011
Upon the economic downturn, buyers of preconstruction condominiums have been looking for arguments to revoke their contracts and recover their deposit. Condominium developers have been trying to force buyers to close on the units they agreed to purchase through the contract or, alternatively, if the...

OWNERS SHOULD BE CONCERNED WITH PREMISES LIABILITY CLAIMS ARISING FROM INJURIES DURING CONSTRUCTION

Posted on 3 July, 2011
Injuries are always a concern on construction projects due to the inherent risks associated with performing work on a project.  Owners, in particular, should be concerned with injuries on their project because they are sometimes sued for negligence under theories of premises liability when injuries...