Gary Kaleita | Lowndes Construction lending in Florida presents risks that extend beyond the borrower’s ability to repay the loan. A lender that fails to follow Florida’s construction lien procedures may face direct liability, loss of mortgage priority, title complications, and disputes with owners, contractors, subcontractors, and suppliers. Florida’s construction lien law, primarily Fla. Stat. §… Continue reading How Lenders Can Reduce Their Potential Liability Under Florida’s Construction Lien Law
Tag: construction lien law
Florida Enacts Changes to Construction Lien Law
Joy Lundeen and Kelly Melchiondo | Bilzin Sumberg On June 12, 2023, Florida Governor Ron DeSantis signed into law House Bill 331, which significantly modifies Florida’s Construction Lien Law, Chapter 713, Florida Statutes. Among the amendments that will take effect on October 1, 2023 is a new requirement that a lienor notify both a contractor and… Continue reading Florida Enacts Changes to Construction 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?
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
Creativity can Forfeit a Construction Lien
David Anderson – August 6, 2012 As a construction project winds down, money to pay for it can start to dry up. But contractors with construction liens have super-priority. That is, contractors can get their payments before other creditors get theirs. When money is short, that can be the difference between getting paid or not.… Continue reading Creativity can Forfeit a Construction Lien