[CLC-Discussion] Punitive damages for fraudulent lien in the absence of actual damages?

Wed Apr 26 10:05:25 PDT 2023

Is anyone aware of any case law wherein a court awarded punitive damages for the recording of a fraudulent lien in the absence of actual damages?  The language of the statute, 713.31(2)(c), appears to suggest that an owner would be entitled to punitive damages only if the owner can also demonstrate actual damages resulting from the fraudulent lien.  Any insight in this regard would be greatly appreciated!

John Trawick
Board Certified Construction Attorney

John B. Trawick, PLLC
3298 Summit Blvd., Suite 5 | Pensacola, Florida 32503
Office: (850) 476-0495 | Direct: (850) 982-0165

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