Recent Case: Lender Liability to Contractor

Whitehead v. Tyndall Federal Credit Union, Florida First District Court of Appeal (September 16, 2010), Case No. 1D09-5221: Original contractor who had been terminated by homeowners prior to completion of construction sued lender for disbursing remaining loan proceeds to replacement contractor based on failure to give notice pursuant to section 713.3471(2)(a), F. S. Trial court agreed, but was reversed, with one dissenting vote, and lender was held liable to original contractor for balance of loan proceeds disbursed to replacement contractor.

Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333
http://www.glennrasmussen.com

Comments

  1. Trial court agreed, but was reversed, with one dissenting vote, and lender was held liable to original contractor for balance of loan proceeds disbursed to replacement contractor. case management software for attorneys

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  2. Trial court agreed, but was reversed, with one dissenting vote, and lender was held liable to original contractor for balance of loan proceeds disbursed to replacement contractor. case management software

    ReplyDelete

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