Tag Archives: attorney’s fees

Make the Pre-Suit Settlement Offer before a Lien Foreclosure

You are involved in a payment dispute with your contractor. The contractor records a lien against your property. What do you do? Sometimes the best thing to do is to make a good faith settlement offer.  Offer an amount of … Continue reading

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“Prevailing Party” in Construction Lien Actions

Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading

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Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim

Miller Act claimants can recover attorney’s fees if the underlying contract that forms the basis of their payment bond claim provides for attorney’s fees. The law, however, has been silent as to whether a prime contractor and Miller Act payment … Continue reading

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Construction Liens and Attorney’s Fees

You recorded a construction lien. Or, you are defending against a construction lien.  A common question you have is whether you will recover your attorney’s fees for prevailing in a construction lien foreclosure dispute.   The answer is MAYBE.  The … Continue reading

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Significant Issues Test to Determine Prevailing Party Attorney’s Fees in Construction Lien Action

The prevailing party in a construction lien action is entitled to recover their reasonable attorney’s fees.  But, how you do determine which party is the prevailing party?  Is it the party that ultimately wins even if that party only recovers … Continue reading

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Right to Recover Reasonable Attorney’s Fees Against a Public Payment Bond

If you are a claimant (subcontractor, sub-subcontractor, or supplier) on a Florida public construction project then you know you need to preserve payment bond rights, especially if you are not paid for labor, services, or materials you performed or furnished for … Continue reading

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The Purpose of Lien Transfer Bonds (to Transfer the Construction Lien)

Remember that construction liens can be transferred to a lien transfer bond to transfer the lien from the real property to the security of a bond.   Thus, when the lienor forecloses on its lien, they are not foreclosing on the … Continue reading

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Common Law Payment Bond Rights

Not all payment bonds are statutory payment bonds. For example, if a subcontractor furnishes a payment bond, that bond is not a statutory payment bond. Rather, it is referred to as a common law payment bond. With a common law … Continue reading

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Recovering Attorney’s Fees Against a Miller Act Payment Bond

Prime contractors working on federal construction projects will furnish a payment bond to the federal government. This payment bond is referred to as a Miller Act payment bond. Subcontractors and those in privity with a subcontractor have rights against the … Continue reading

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