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Say it isn't so. Contractor attempted to foreclose on items on a lien that the trial court said were "clearly not lienable." The disputed items were primarily delay damages. The Contractor argued that it had advice of counsel and that the items on the lien were claimed in good faith.
Under Florida law, if a claim of lien is fraudulent, the entire lien can be stricken. If a claim of lien is willfully exaggerated, only the exaggerated items can be stricken.
The appellate court ruled that the trial court properly exercised its discretion assessing the relative good or bad faith of the lien, when it determined that the lien for delay damages was willfully exaggerated.
Moral: People lie, lawyers merely exaggerate. Onionskin, Inc. v. DeCicco, 720 So.2d 257 (Fla. 5DCA 1998). |
