Florida Construction Law

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

Although a bad purpose or evil motive is not a necessary element of a willful violation, an employer is entitled to entertain a "good faith" opinion that his conduct conforms to regulatory requirements. Accordingly, a willful violation will not be found where an employer disputes in good faith the applicability of a standard. For example, evidence that an employer reasonably believed that the workplace hazard in question was not subject to regulation, and that the employer's supervisor took steps to alleviate apparent danger at the employer's work site has supported a finding that a violation of an OSHA standard was not willful. The test of good faith is objective. An employer's belief concerning the factual matters in question must have been reasonable under the circumstances; i.e., the employer's belief must have been "non-frivolous." Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St...