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

[Arnold D. Tritt, Jr.]

First suggestion is to call The Florida Bar's ethics hotline for
guidance.  Second suggestion is to hold money because now you have a big
retainer.  All the best!!  Arnie.

 

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Charles B. Hernicz, Esq
Sent: Thursday, September 26, 2013 3:18 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Dispostion of Funds Held In Trust Account

 

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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