[CLC-Discussion] charging lien in arbitration

[Larry Leiby]

ANDREA,

I don’t have a case to point to that says that an arbitrator is empowered to create a charging lien.  Despite a number of cases holding that arbitrators have as much or more authority to fashion relief than a court, I wouldn’t want to be the pioneer.  One thing that could happen (and you could care less about this) is that the court decides the charging lien issue and you waive your right to have the arbitrator decide the charging lien issue by filing in court.

 I suppose that this is the tail end of the proceedings since an argument could be made that if you seek court relief on an arbitrable issue that you may waive arbitration.

You don’t want to present it to the arbitration panel for decision and then later seek the relief in court.  If the arbitrator declines to award the requested lien the Court may back off of an issue presented to the arbitrators on the basis that they are not there for a second bite at the apple.

Regards,

Larry R. Leiby, Esq.
Malka & Kravitz, PA
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984        Toll Free:  888-341-9055  Cell:  954-895-9198
Fax:      954-514-0985              e-mail:  leiby at MKPAlaw.com

Florida Bar Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator and Arbitrator
IMI Certified Mediator

Fellow, College of Commercial Arbitrators
Mediator/Arbitrator, Leiby Alexander Brandt ADR Group, LLC





From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Tuesday, July 15, 2014 2:50 PM
To: <clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] charging lien in arbitration

Can you file a charging lien in an arbitration?  I found only one case on the topic and it states “Because a charging lien is an equitable right, it can be imposed only by a court and not an arbitration panel.”  I received one suggestion and that was to file a motion in the appropriate court (County or Circuit), similar to when a case is initiated by filing a motion for entry of a judgment to confirm and arbitration award.  However, what if there is a settlement instead of an award or what if, after there is an award, payment is made without the need for anyone to file a case to confirm the award?

What are your thoughts?  Thank you for all of your time and input.

Thanks,
Andrea


Andrea M. Fair-Purcell
Board Certified Construction Attorney
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13046 Racetrack Road #236
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(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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