[RPPTL-constructionlaw] construction lien - title question

[Diane]

I had a similar situation with a husband, wife and mother and the contractor liened. The trial court upheld the lien because the contractor, although in privity with the husband and wife, had served a notice to owner at the property, directed toward all 3 owners. The case was settled afterwards, so I don't have any authority for you, but that was my experience. 
Diane S. Perera, Esq.
Florida Bar Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
14540 S.W. 136 Street, Suite 208
Miami, Florida 33186
305-252-1388 - Office
305-253-3188 - Fax
www.dpconstructionlaw.com 


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----- Original Message -----
From: constructionlaw-bounces at lists.flabarrpptl.org <constructionlaw-bounces at lists.flabarrpptl.org>
To: constructionlaw at lists.flabarrpptl.org <constructionlaw at lists.flabarrpptl.org>
Sent: Thu Aug 09 19:01:03 2012
Subject: [RPPTL-constructionlaw] construction lien - title question

Hi all, 

 

Crazy question of the day (for me at least):  

 

May a contractor file a lien against property titled as below where the residential improvement contract (over $2,500) was only between Husband and Wife and contractor (not Son):

 

Wife, as 7.5 percent tenant in common with Husband, as 42.5 percent tenant in common with Son, as 50 percent owner with Husband and Son holding their individual interests with right of survivorship only between themselves.

 

Any input or help would be most appreciated!

 

Best regards,

 

Tim

 

Timothy P. Atkinson*

Oertel, Fernandez, Bryant & Atkinson, P.A.

PO Box 1110, Tallahassee, FL 32302

850.521.0700-w | 850.521.0720-f | 850.544.5304-m

 

* Board Certified State and Federal 

   Government and Administrative Practice

 



 

 

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