Florida Construction Law

MHB Construction Services v. RM-NA HB Waterway Shoppes, LLC , Case No. 4D10-3053 and 4D11-363, filed November 23, 2011: Affirmed trial court’s holding that contractor was NOT entitled to foreclose a construction lien against landlord’s interest where landlord had complied with s. 713.10(2) by recording a “blanket” lien prohibition notice, even thought lease expressly provided that tenant would make improvements and be reimbursed by landlord for 10% of those costs. In this case, even though landlord had signed the Notice of Commencement, the tenant was reflected as the owner of the leasehold interest. (from RRPTL Construction Committee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

14th & Heinberg v. Terhaar and Cronley , 35 Fla. L. Weekly D2001b (September 7, 2010): Tenant’s contractor, while prohibited from obtaining a construction lien against the landlord’s property interest due to terms of lease, which did not require tenant to make improvements that “did not constitute the pith of the lease,” was allowed to obtain a judgment against the landlord on the basis of “unjust enrichment” as measured by the unpaid costs of the improvements (but not for the “enhanced value” of the subsequent rental to another tenant of increased rental amount). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com