Attorney’s Fees and Construction Liens: The Effect of Pre-Foreclosure Settlement Offers

In Florida, F.S. §713.29 allows the prevailing party in a construction lien foreclosure action to recover reasonable attorney's fees incurred as a result of the foreclosure. By introducing the risk of potentially paying the opposing party's attorney's fees, this statute is designed to encourage settlement of lien disputes without the need for litigation. In its most basic form, this statute awards the "winner" in a lien foreclosure lawsuit its attorney's fees. What many people do not realize however is the impact this statute can have in settlement discussions prior to the filing of a lawsuit....