Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed

Brian R. Lambert
Brian R. Lambert

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 for the other party.  While leading to unmercifully unfair results in many instances, courts give little deference to claimants who have failed to jump through the statutory hoops necessary to perfect their lien claims.

Suppose for a moment that you’re a supplier on a large commercial construction project, supplying drywall materials to the drywall subcontractor. At some point during the project, the drywall subcontractor defaults and the general contractor begins purchasing drywall materials directly from you. Continue reading “Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed”

The Latest Installment of Chapter 558 – A Step in the Right Direction?

Staine_Christopher_LI
Christopher A. Staine

In 2004, then Florida Governor Jeb Bush signed into law what is commonly referred to as Florida’s “opportunity-to-cure” statutes, more formally referenced as Chapter 558. In short, Chapter 558 was enacted to require aggrieved owners to place contractors and design professionals on notice of construction defects, with an opportunity to inspect and, if possible, resolve the alleged defects without resorting to potentially expensive and protracted litigation.  Given the many amendments to Chapter 558 since its inception, Chapter 558 has, if nothing else, proven to be a work in progress, a topic we’ve previously written on in the Sarasota Docket.  Continue reading “The Latest Installment of Chapter 558 – A Step in the Right Direction?”