Florida Construction Law

A lender has a duty to the owner to exercise reasonable care to see that the payments to contractors are made in compliance with the mechanics' lien law when the lender is given sole authority on behalf of the owner to make those payments.   Kalbes v. California Federal , 497 So.2d 1256 (Fla. 2d DCA 1986). 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

In Miera v. National City Mortgage , 2009 WL 2495757 (M.D. Fla. 2009), the Court held that an owner stated a case against a lender who failed to make proper payments under the lien law to all potential lienors.  In this case, the lender had sole authority to make payments from the construction loans and failed to make proper payments pursuant to Section 713.06(2)(d), Fla. Stat. 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