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In two similar cases, contractors sued to foreclose on mechanics' liens where they had no written contract. As is often the case, the contractor provided goods and services to the developer without a written agreement authorizing the contractor to do so. Both trial courts found that the contractor did not have the developer's agreement to provide the goods and services.
In most cases where a contractor provides goods and services, and the developer accepts the benefit of those goods and services, the contractor is entitled to compensation for the reasonable value of those goods and services under the theory of "quantum meruit." It doesn't require that the developer actually agree to accept the goods and services.
But a mechanics' lien is a creature of statute. The appellate courts both held that, while the developer (who may be defunct) may be liable to the contractor under quantum meruit, the contractor must have an express agreement in order to foreclose on a mechanics' lien on the project.
Moral: He that is slow to anger is better than the mighty; and he that ruleth his spirit than he that taketh a city. (Jeremiah 36:32) CDS and Assoc's v. 1711 Donna Road Assoc's, 1999 WL 1037967 (Fla. 4DCA 1999); Nichols v. Michael D. Eichholtz, 1999 WL 1043896 (Fla. 5DCA 1999) (both opinions subject to revision). |
