Recent Case: Lender Liability to Contractor
Whitehead v. Tyndall Federal Credit Union , Florida First District Court of Appeal (September 16, 2010), Case No. 1D09-5221: Original contractor who had been terminated by homeowners prior to completion of construction sued lender for disbursing remaining loan proceeds to replacement contractor based on failure to give notice pursuant t o section 713.3471(2)(a), F. S. Trial court agreed, but was reversed, with one dissenting vote, and lender was held liable to original contractor for balance of loan proceeds disbursed to replacement contractor. 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