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Attorney fees not necessarily awarded to a party who prevails in a construction lien dispute

Florida's mechanic's lien law generally provides for an award of attorney fees to a party that prevails in a construction lien dispute. But what happens if one party prevails on the lien claim, but other claims in the case have not been decided?...

Bidding: What Does Responsive and Responsible Mean?

We have all heard the phrase "lowest responsive and responsible bid", but what does it mean? In the context of a public agency's award of a contract pursuant to an Invitation for Bids ("IFB"), the award will generally be made to the lowest responsive and responsible bidder. Pursuant to Florida Statutes, a “responsible vendor” means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. Additionally, a “responsive bid” means a bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Accordingly, being the "lowest" bidder is not the end of the analysis. The low bidder must also demonstrate that it is qualified to do the work (i.e. responsible), and it must submit all required information and documents that are required...

Attorney’s Fees and Construction Liens: The Effect of Pre-Foreclosure Settlement Offers

In Florida, F.S. §713.29 allows the prevailing party in a construction lien foreclosure action to recover reasonable attorney's fees incurred as a result of the foreclosure. By introducing the risk of potentially paying the opposing party's attorney's fees, this statute is designed to encourage settlement of lien disputes without the need for litigation. In its most basic form, this statute awards the "winner" in a lien foreclosure lawsuit its attorney's fees. What many people do not realize however is the impact this statute can have in settlement discussions prior to the filing of a lawsuit....