[CLC-Discussion] Have a question for committee looking for guidance.

[Erum Kistemaker]

I have a matter where my client was awarded attorneys' fees and costs in an arbitration before the division as the prevailing party.  The award was a lot less than the actual costs and fees - about 20k less.  Nevertheless, the Hoa as not complied with the final order and has not paid my client.

My client does not want to spend more money to collect.

Any suggestions?

Erum Kistemaker, Esquire
Ertl & Kistemaker Business Law Group
Sent by my I Phone - please excuse any errors.

On Jul 3, 2012, at 3:25 PM, "Andrea Fair" <amf at fairconstructionliens.com<mailto:amf at fairconstructionliens.com>> wrote:

Just wanted to let all of you know that the Judge applied Pena Alum and Trytek and denied the owner’s request for fees.  The Judge actually went so far as to say my client was the prevailing party because it was paid on its Claim of Lien, which was the reason for the dismissal.  I filed a 57.105 motion and will let  you know the outcome of that.  Thanks.


Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
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13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

<image001.jpg>



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From: Andrea Fair
Sent: Wednesday, June 20, 2012 11:35 AM
To: 'clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>'
Subject: QUESTION RE: FEES UNDER 713.29

I represent a subcontractor in a lien foreclosure, etc. lawsuit against the owner and the GC.  My client negotiated a settlement directly with the GC and not with the owner.  No release or stip was entered so the issue re: fees under 713.29 remained “open.”  The lawsuit was dismissed with prejudice before the owner even responded to the Complaint but after the owner transferred the lien per 713.24.   We stipulated to the release of the security but the owner is seeking fees under 713.29.  Does the owner have a valid claim for fees under 713.29?  My understanding is that the owner first has to establish that it prevailed on the significant issues (and there were no issues) and then the owner would also only be entitled to recover those fees that were incurred after suit was filed (and only minimal fees could possibly have been incurred between filing and dismissal --- though they did send me their time sheets totaling over $4000).  In addition, isn’t it true that the owner cannot recover fees for establishing the amount of fees? Thank you in advance for your input. ---Andrea


Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

<image001.jpg>



The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.

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