Florida/Georgia Personal Injury & Workers Compensation

...held that attorneys' fees statutes should be "strictly construed" because there was no common law right to attorneys' fees, [3] in this case, that principle does not assist the Court in construing the term. Further, in 1977, the Legislature enacted section 713.37, which states that "[the Construction Lien Law] shall not be subject to a rule of liberal construction in favor of any person to whom it applies." Therefore, jurisprudence that has relied on the principle that the lien laws favor the c...

...[3] At common law, each party was required to pay its own attorneys' fees in all actions and therefore we have generally adhered to the principle that statutes awarding attorneys' fees should be strictly construed. See Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003). [4] Before section 713.37 was enacted, our case law emphasized the Construction Lien Law's purpose of protecting the laborer....

...xed as part of his costs. [3] Ch. 77-353, §§ 11, 17, Laws of Fla. [4] The court in Midway relied upon the principle of liberal construction enunciated in Crane Co. v. Fine, 221 So.2d 145 (Fla. 1969). The legislature abrogated that rule by enacting § 713.37, Fla....

...Thus, the Zalays' argument could apply in virtually any lien action involving persons not in privity. Since 1977, the construction lien statutes have provided that they should not be liberally construed in favor of any person. See ch. 77-353, § 15, at 1533, Laws of Fla; § 713.37, Fla....

...3d DCA 1982); E.V. Construction Co. v. Newman, 418 So.2d 291 (Fla. 3d DCA 1982). The Legislature has recently instructed us in 1977 that the Mechanics' Lien Law is to be strictly construed and not to be given a liberal construction as in the past. See Section 713.37, Florida Statutes (1983), which reads as follows: "Rule of construction — This part shall not be subject to a rule of liberal construction in favor of any person to whom it applies." The union contract the individual laborers claim under was not entered into in contemplation of work at Quayside....

...labor" performed. While it is certainly arguable that these definitional phrases, liberally construed, are broad enough to include more than the wages actually due the laborer, I cannot give them the liberal construction urged by the plaintiffs. See § 713.37, Fla....

...whether the contractor has any lienors working under him or not. (emphasis added). This section must be strictly construed and strict compliance with the mechanic's lien law is an indispensable prerequisite to seeking affirmative relief thereunder. Section 713.37, Florida Statutes (1981); Falovitch v....

...ed on its interpretation that chapter 713, when read as a whole, “requires a contractor to comply with all provisions contained therein.” However, this interpretation neither comports with the statutory language nor with precedent in this state. Section 713.37 expressly states that Part I, chapter 713 “shall not be subject to a rule of liberal construction in favor of any person to whom it applies.” See also Zalay v. Ace Cabinets of Clearwater, Inc., 700 So.2d 15 (Fla. 2d DCA 1997) (echoing the language of section 713.370)....

...That purpose is to give notification to the owner that the subcontractor looks to the owner for payment, Bishop v. James A. Knowles, Inc., 292 So.2d 415, 417 (Fla. 2d DCA 1974), and there was no such notification here. The mechanic's liens laws are to be strictly construed. § 713.37, Fla....

...4th DCA 1986); Sprinkler Fitters v. F.I.T.R. Corporation, 461 So.2d 144 (Fla. 3d DCA 1984); Partin v. Konsler Steel Company, 336 So.2d 684 (Fla. 4th DCA 1976), rev'd on other grounds, Konsler Steel Company v. Partin, 356 So.2d 264 (Fla.1978). See also, § 713.37, Fla....

...We are not persuaded that we should ignore this restriction imposed by the legislature. Mechanic’s liens were created by statute and must be strictly construed. O’Kon & Co. Inc. v. Riedel, 540 So.2d 836 (Fla. 1st DCA 1988). The construction lien law is not subject to a rule of liberal construction. § 713.37, Fla....

...undersigned, or notify the undersigned of the name and address of the company providing the bond.” Palmer-Smith did not respond in any way to this request, although disclosure of the surety’s name was made on the recorded notice of commencement. Section 713.37 provides that “[t]his part shall not be subject to a rule of liberal construction in favor of any person to whom it applies.” Many courts have relied upon this section as a basis to require strict adherence with the provision of Chapter 713 for giving timely notices to the proper parties....

...nstituent parts of the statutory definition of “lienor.” 2 Appellees reply that our state supreme court pointed out in Julian E. Johnson & Sons v. Balboa Insurance Co., 408 So.2d 1044, 1046, n. 4 (Fla.1981), that the legislature, by enacting section 713.37, which became effective July 1, 1978, abrogated the rule of liberal construction enunciated in Crane Company v....

...713.03; as each is defined herein, and who has a lien or prospective lien upon real property under part I, and includes his successor in interest. No person shall have a lien under part I, except those specified in this subsection as they are defined in this section. .Section 713.37 ambiguously provides in full: 713.37 Rule of Construction....

...held that attorneys' fees statutes should be "strictly construed" because there was no common law right to attorneys' fees, [3] in this case, that principle does not assist the Court in construing the term. Further, in 1977, the Legislature enacted section 713.37, which states that "[the Construction Lien Law] shall not be subject to a rule of liberal construction in favor of any person to whom it applies." Therefore, jurisprudence that has relied on the principle that the lien laws favor the c...

...[3] At common law, each party was required to pay its own attorneys' fees in all actions and therefore we have generally adhered to the principle that statutes awarding attorneys' fees should be strictly construed. See Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003). [4] Before section 713.37 was enacted, our case law emphasized the Construction Lien Law's purpose of protecting the laborer....