Lien Claim and Attorney's Fee Award

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Ricardo O. Wolfe, II and H. Michelle Wolfe v. Culpepper Constructors, Inc., 37 Fla. L. Weekly D505a, Case No. 2D10-3670, filed February 29, 2012. Contractor sought foreclosure of construction lien for $91,261.65, which was reduced to an award of only $9,074.06 after offsets for owners’ counterclaim for defective workmanship, after contractor had rejected a joint settlement offer of $25,000 made by owners pursuant to section 768.79, Florida Statutes (2006), and Fla. R. Civ. P. 1.442(c)(3). After citing concerns and observations by other courts that this statute and rule have not seemed to have their desired affect of reducing litigation, the court held that the trial court’s denial of fees to the owners was error, and reversed and remanded on this issue. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
www.trentcotney.com

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