Court Reinstates Contractor’s Construction Lien Following Improper Discharge by Trial Court
This case arises from a dispute between a homeowner and contractor and addresses how Florida’s lien discharge statute found in 713.21, Florida Statutes, applies when a contractor files suit to foreclose a lien and a homeowner responds with a claim under 713.21, Florida Statutes.
Court Reverses Judgment Against Remodeling Contractor Over Homeowner’s Failure to Present Correct Measure of Damages
This case arises from dispute between a homeowner and a contractor regarding a home remodel. After the homeowner terminated the contractor from the project, litigation ensued. While the homeowner initially recovered just under $500,000.00 at trial, this was reversed on appeal due to issues with the timing of the damages calculations.
Court Refuses to Increase Lien Transfer Deposit Amount in Unconsolidated Cases
Florida’s Third District Court of Appeal recently declined to reverse a trial court’s refusal to increase the amount a construction lien transfer deposit and the trial court’s related discharge of a lis pendens. The decision seems to rest, at least in part, on the fact that the lien foreclosure action and related breach of contract claims were progressing in two separate, unconsolidated cases.