Construction Claims

Books and Publications

  • Lieby, Larry R., Florida Construction Law Manual, 2007 ed. (Vol. 8, Florida Practice Series), Thompson West, 2006

Web Resources

  • Construction Claims Online
    The Leading Web Resources of those involved in the business of Avoiding, Managing, and Resolving Construction Disputes.
  • The Lien Zone - Construction Alerts and Articles
    The Lien Zone is a collection of construction alerts and articles, many reprinted from their initial publication in industry journals. Sponsored by the construction lawyers at The Barthet Firm, in Miami, this site provides information helpful to contractors, subcontractors, material suppliers, architects, engineers and anyone else dealing with construction contracts, liens and bonds, especially in South Florida.

Cases

Representative Cases
  • Rossmoor Corp. v. Tri-County Concrete Products, Inc., 375 So.2d 896 (Fla. 4th DCA 1979) Upheld standard of proof for oral agreement

  • Coordinated Constructors, Inc. v. Florida Fill, Inc., 387 So.2d 1006 (Fla. 3rd DCA 1980). Established that an action on a payment bond may be brought in the county where the creditor is located. Determines that the "proper payments defense" under the Mechanics' Lien Law did not apply to payment bond claims.

  • Acadia Development Corp. v. Rinker Materials Corp., 419 So.2d 1142 (Fla. 3rd DCA 1982). Established that the time within which to record a claim of lien starts to run at the time of the last delivery, and not the last unpaid delivery.

  • Vincent J. Fasano, Inc. v. School Board of Palm Beach County, 436 So.2d 201 (Fla. 4th DCA 1983). Provides that a contractor may seek relief in the courts, not being required to pursue an administrative hearing against a school board on a contract claim, where the contract does not expressly require an administrative hearing.

  • Coral 97 Associates, Ltd. v. Chino Electric, Inc., 501 So.2d 69 (Fla. 3rd DCA 1987). Established that arbitration is waived by filing a counterclaim in pending litigation.

  • Builders Glass & Metal, Inc. v. M.E.T. Construction, Inc., 528 So.2d 988 (Fla. 3rd DCA 1988). Suit against contractor for breach of contract with separate suit against surety on bond. Separate bond claim was not splitting causes of action.

  • Champagne-Webber, Inc. v. City of Ft. Lauderdale, 519 So.2d 696 (Fla. 4th DCA 1988). Determined that a government agency is not protected by sovereign immunity under an action brought on an express contract, or an implied covenant or condition arising under that contract.

  • Fidelity and Deposit Company of Maryland v. Delta Painting Corp., 529 So.2d 781 (Fla. 4th DCA 1988). Determined that substantial compliance with the Notice to Owner provisions of the (then) mechanics' lien law was sufficient to permit lienor recovery.

  • Levitz Electric, Inc. v. George Hyman Construction Co., et al (In re Levitz Electric, Inc.), 100 B. R. 602 (S.D. Fla. 1989). Determined subrogation rights of surety in bankruptcy proceedings. Surety could not avoid settlement made between bankrupt subcontractor and contractor.

  • Mursten Construction Co. v. C.E.S. Industries, Inc., 588 So.2d 1061 (Fla. 3rd DCA 1991). Determined that a claimant on a private construction payment bond pursuant to F.S. 713.23 must timely serve the proper notice as a prerequisite to recovery under the bond. Successful defense of bond claim.

  • In re: Simco Mechanical, Inc., 151 B. R. 978 (S.D. Fla. 1993). Defense of claimed preferential and fraudulent transfers. Payments made to principals of client as wages, and payments for normal operating expenses within one year prior to bankruptcy were not recoverable by trustee.

  • Alexdex Corp. v. Nachon Enterprises, Inc., 641 So.2d 858 (Fla. 1994). Amicus Curiae on behalf of Real Property Section of the Florida Bar. Jurisdiction of construction lien cases under $15,000 is in both Circuit and County Court.

  • Williams Hatfield & Stoner, Inc. v. Malcolm, 687 So.2d 295 (Fla. 4th DCA 1997). Defense of engineer. Engineer not liable for personal injury suffered by subcontractor's employee when engineer did not specifically assume responsibility for project safety.

  • Hollub Construction Company v. Narula, 704 So.2d 689 (Fla. 3rd DCA 1997). The prevailing party in a construction lien action in which the contract dispute was decided by arbitration is entitled to recover attorney fees for the arbitration.

  • Fischer-McGann, Inc. v. Gene B. Glick Co., Inc., 715 So.2d 994 (Fla. 4th DCA 1998). Amicus Curiae on behalf of Associated Builders and Contractors. A contractor may include in his lien sums owed to subs and suppliers who have also recorded liens, unless such sub or supplier has recovered on the lien.

  • Continental Concrete, Inc. v. Lakes at La Paz III Ltd. Ptnrshp., 758 So.2d 1214 (Fla. 4th DCA 2000). Definition of construction lien proper payments defense and standard for validity of forged lien releases.

  • Hewitt-Kier Construction, Inc. v. Lemuel Ramos and Associates, 775 So.2d 373 (Fla. 4th DCA 2000). Holds that a contractor may sue the design architect for professional negligence. Confirms that the economic loss rule does not apply to professional malpractice in Florida.

  • Bill Stroop Roofing, Inc. v. Metropolitan Dade County, 788 So.2d 365 (Fla. 3rd DCA, 2001). Class action recovering unlawful registration fees charged to state licensed contractors.

  • H. W. Gay Enterprises, Inc. v. John Hall Electrical Contracting, Inc., 792 So.2d 580 (Fla. 4th DCA, 2001). An arbitration agreement is enforceable if in writing, whether or not signed, so long as accepted.