Florida/Georgia Personal Injury & Workers Compensation

...636 So.2d at 770. We expressly recede from this statement in Maloney because it is without support in Florida law. Florida's construction lien statute does not purport to be the exclusive remedy for a lienor, such as a subcontractor, against an owner. Section 713.30, Florida Statutes (1995), provides that the construction lien part of Chapter 713 "shall be cumulative to other existing remedies." The plain language of the statute does not supersede any remedies available to a party seeking payment. St. Regis Paper Co. v. Quality Pipeline, Inc., 469 So.2d 820, 822-23 (Fla. 2d DCA 1985). Applying section 713.30, the third district rejected the argument that a materialman's failure to perfect a statutory lien left it without any remedy to recover for materials which it had furnished to a construction project....

...The trial court dismissed the complaint to impress an equitable lien upon the undisbursed construction funds for the stated reason that there was no perfected statutory lien. [2] Section 713.06 painstakingly limits its application to perfection of a statutory lien [3] and section 713.30 provides that the remedies provided by that section shall not be an exclusive remedy....

...and recording a lien. A materialman to a subcontractor shall also serve a copy of the notice to owner on the subcontractor of the subcontractor as a prerequisite to perfecting a lien under this chapter and recording of lien. (emphasis supplied). [4] § 713.30, Fla....

...ntract because the court clearly had jurisdiction to hear that matter even if the mechanic's lien count had been properly dismissed. Likewise, here the trial court should not have dismissed the count against Oakridge for breach of contract. See also § 713.30, Fla....

...ects under the Mechanics' Lien Law. Winchester v. State, 134 So.2d 826 (Fla.2d DCA 1962). In the private sector, the failure to perfect a mechanic's lien does not affect any other remedy which a subcontractor might have against the prime contractor. Section 713.30, Florida Statutes (1975)....

...ount and of a nature greater than the judgment finally obtained by Mr. Sullivan. See C.U. Associates, 472 So.2d at 1179. [3] Although Mr. Sullivan may be able to pursue attorneys' fees under both section 713.29 and his contract with the Galskes, see § 713.30, Fla....

...Ashley, 701 So.2d 338, 341 (Fla.1997) (quoting Thomber v. City of Fort Walton Beach, 568 So.2d 914, 918 (Fla.1990)). Id.; see also Commerce P’ship 8098 Ltd. P’ship v. Equity Contracting Co., 695 So.2d 383, 388 (Fla. 4th DCA 1997)(holding that Florida’s construction lien statute (§ 713.30, Fla.Stat.(1995)) does not purport to be the exclusive remedy for a lienor because it provides that the construction lien part of Chapter 713 “ ‘shall be cumulative to other existing remedies.’ The plain language of the statute does n...

...ailure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien. [2] Cancellation of the lien does not leave Designerick without a remedy; it still may enforce its contractual claims. See § 713.30, Fla....

...urn could preclude Davis from asserting a now perfected lien on the goods pursuant to § 715.15 Fla.Stat. This Court is satisfied that the question must be answered in the negative simply because another provision of the Statute provides as follows: Section 713.30 Fla.Stat....

...of his debt, and the bringing of such action shall not prejudice his rights under part I of this chapter, except as herein otherwise expressly provided. (emphasis supplied) Based on the provisions of the Statute, this Court is satisfied that Chapter 713.30 Fla....

...ction'" in the first cause. Id. (quoting American Process Co., 47 So. at 944). First, we note that the construction lien statute is abundantly clear that recovery under a performance bond does not foreclose pursuit of a contract cause of action. See § 713.30, Fla....

...n 713.06(2)(a), with the affidavit requirement contained in section 713.-06(3)(d)l. Adverting now to the second motion, the trial court stated in its order that Quality’s separate action to enforce its contract lien against the Keyes was barred by section 713.30; the trial court wholly mis-perceived the function of that section which states: This part 1 shall be cumulative to other existing remedies and nothing contained in part 1 of this chapter shall be construed to prevent any lienor or ass...

...ien for the security of his debt, and the bringing of such action shall not prejudice his rights under part 1 of this chapter, except as herein otherwise expressly provided. Indeed, rather than precluding Quality from an independent contract action, § 713.30, by its title, “Other actions not barred,” and its literal purpose, reinforce the ability of Quality to pursue such action....

...when First Response failed to timely file a lien enforcement action after Burleigh House 3 recorded its notice of lien contest. In response, Hernandez asserted that his lawsuit is not time barred because section 713.30 of the Florida Statutes (2022) expressly permits a lienor to pursue other contractual remedies.1 After holding a summary judgment hearing, the trial court entered the challenged final summary judgment in favor of Burleigh House....

...was based,” and that Hernandez cannot “circumvent” section 713.22(2)’s time requirements for filing a lien enforcement action by “calling the lien claim one for unjust enrichment.” Further, the trial court held that “Florida Statute § 713.30 does not save [Hernandez] because his unjust enrichment claim is not an action at law as required by that statute.” Hernandez timely appealed the trial court’s final summary judgment. II....

...3d DCA 2019). 4  The issue in this case is whether the Construction Lien Law’s extinguishment of First Response’s construction lien also extinguished Hernandez’s common law unjust enrichment claim. Based on the express language of section 713.30, and an unbroken line of Florida cases, we conclude that Hernandez’s unjust enrichment claim was not extinguished. “Chapter 713 of the Florida Statutes, entitled ‘Construction Lien Law,’ establishes a statutory framewor...

...or she had no lien for the security of his or her debt, and the bringing of such action shall not prejudice his or her rights under this part, except as herein otherwise expressly provided. 5 § 713.30, Fla....

...7 whether a construction contractor’s unjust enrichment claim is precluded by Florida’s Construction Lien Law.6 Moreover, Florida’s Motor Vehicle Repair Act does not contain a provision similar to section 713.30 of Florida’s Construction Lien Law that expressly preserves a contractor’s alternate remedies....