[CLC-Discussion] Dispostion of Funds Held In Trust Account

[Charles B. Hernicz, Esq]

Need some help on what to do with about $50k being held in my trust account.
My client is an engineer who acted as a special inspector on a project.
Before the work was completed, the owner replaced my client with another
engineer while owing my client somewhat over $50k.  I recorded a timely lien
for the balance owed.  After some wrangling, the owner sent me a check for
the balance to hold in trust pending my client's filing of special inspector
reports and certification of work done before the replacement engineer came
on.  To skip to the good part, the owner now can't get the permit closed out
and won't allow me to release the money to my client-holding it hostage to
coerce some certification my client believes violates professional engineer
rules.  I am preparing a lien foreclosure/breach of contract action, but
what happens to the money?  Initially I intended to include an interpleader
count in the complaint, but in an interpleader, my firm is the plaintiff
asking for interpleader of the funds, not my engineer client. Should I just
keep the funds in trust and plead the facts in the complaint, or file an
interpleader naming my client and the owner and then file an answer for my
client agreeing to the interpleader and cross-claiming for lien foreclosure
and breach of contract?

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

 

 

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