Good Faith Dispute Defense to Fraudulent Lien

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In Zupnick Haverland, LLC v. Current Builders of Florida, Inc., 2009 WL 605394, the Court held that a "good faith dispute as to the amount due does not constitute a willful exaggeration that operates to defeat an otherwise valid lien."   The Court further articulated that this type of good faith dispute does not convert a lien to a fraudulent lien.

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

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