dispute | Construction Law Authority

Producing the Condominium Association’s Corporate Representative for Deposition

May 7, 2013

Condominium associations can have disputes with their contractors, which can unfortunately lead to litigation. In the course of litigation the contractor's attorney may want to take the deposition of an Association's corporate representative....

Remember to Perfect Claim and Lien Rights As the Economy Improves

December 31, 2012

Lee Weintraub

Bonds, Contracts, Dispute Resolution

Money is still tight on construction jobs, making claim perfection and review more critical...

Attorney fees not necessarily awarded to a party who prevails in a construction lien dispute

December 2, 2012

webmaster

Attorney's Fees, Construction Liens

Florida's mechanic's lien law generally provides for an award of attorney fees to a party that prevails in a construction lien dispute. But what happens if one party prevails on the lien claim, but other claims in the case have not been decided?...

Arbitrate, Mediate, or Litigate?

November 26, 2012

webmaster

Dispute Resolution

You are about to embark on a new construction project, hoping for the best but preparing for the worst. The construction contract is almost done. At issue is what the contract should state about how disputes among the parties should be resolved; should they be arbitrated, mediated, or litigated?...

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

October 17, 2012

Edward C. Lohrer

Attorney's Fees

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....

The Good Faith Exception to Fraudulent Liens

March 15, 2012

Ryan Carpenter

Cases, Construction Liens, Contracts, Litigation

The good faith exception to fraudulent liens does not protect all liens recorded in good faith from being deemed fraudulent. With the holding in Medellin v. MLA Consulting, Inc., it is more important than ever for a lienor to be sure the amounts in its lien are for work that will properly support a lien, or it runs the risk of its lien being deemed fraudulent....

Is It Too Early To Mediate?

February 23, 2012

William J. Cea

Construction Defects, Litigation

When is a good time to mediate?...

The Arbitration Clause in your construction contract – what does it mean?

June 22, 2011

webmaster

Contracts, Dispute Resolution

As often happens on construction projects, disputes arise between the contracting parties. Must the parties arbitrate their dispute or can their dispute be decided in a court of law?...