Construction & Real Estate

I.  Introduction

A claim of lien is an encumbrance against real property created by state law for the purpose of securing payment for labor, materials, or services expended to improve the real property. While there are many types of liens, the most important class of liens to contractors and subcontractors working in Florida were traditionally

Florida’s New Limited Liability Company Act

The Florida legislature recently performed a complete rewrite of the Florida limited liability company statute (the “New Act”). The New Act makes a number of important changes that account for the way in which LLCs are used today. In Part I of this Guide, we recognized the general rule

I. Introduction

As the country continues to recover from the economic hardships caused by the Economic Crisis of 2008, a surge in real estate investment has taken place. Real estate investors including everyone from large institutional investors to individuals have recognized the opportunities that exist to invest in real estate in many of the countries’

Section 713.06(2)(a) of Florida’s Mechanic’s Lien statute sets forth certain requirements for what is commonly referred to as a Notice to Owner. A Notice to Owner is a document that must be prepared by the party seeking to perfect a mechanic’s lien (the “lienor”). The purpose of the Notice of Owner is to make the

Florida Statute § 713.03, titled “Liens for Professional Services,” governs mechanic liens for services performed by architects, including landscape architects, interior designers, engineers and surveyors. The section has three subparts. Section 713.03(1) provides that an architect, engineer or certain specified professionals shall have a lien on real property improved, for money owed for services

Florida Statutes chapter 713, commonly referred to as Florida’s mechanic’s lien statute, or “construction lien law,” is intended “to protect those who have provided labor and materials for the improvement of real property.” Parc Central Aventura East Condominium v. Victoria Group Services, LLC, et al., 54 So.ed 532, 533 (Fla. 3d DCA 2011), citing WMS

Florida Statutes Chapter 713 governs construction liens, more commonly referred to as mechanic’s liens. Florida law governing mechanic’s liens is both comprehensive and complex. Even so, the statute provides important protections to contractors, subcontractors, suppliers and homeowners. For suppliers, contractors and subcontractors, the mechanic’s lien statute provides a method to assure full payment. Stunkel v.

Florida courts continue to issue interesting and informative opinions about awards of costs and attorney’s fees in construction lien cases.  Most recently, Florida’s Second District Court of Appeal issued an en banc opinion in the consolidated cases of Richard O. Wolfe, II and H. Michelle Wolfe v. Culpepper Constructors, Inc., Case No. 2D10-3228 and