[RPPTL-constructionlaw] Fees Question

Fri Feb 17 06:50:14 PST 2012

Bryan,

Did the first tenant get dropped completely or were they kept in under
breach of contract?

Timothy R. Moorhead, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Avenue

Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

Board Certified in Construction Law

tmoorhead at wfmblaw.com

www.wfmblaw.com

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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Bryan L.
Capps
Sent: Friday, February 17, 2012 9:22 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Fees Question

(Hopefully) Quick/easy question for the brain trust:

Contractor has improvements contract with tenant, is not paid.  Contract
contains no prevailing-party fees provision.

Contractor sues landlord and tenant under Lien Law to foreclose construction
lien.  (Assume lien is good against landlord.)

Prior to trial, landlord evicts tenant and re-leases property to another
tenant.

Learning of the eviction, Contractor amends complaint to substitute new
tenant for old tenant.

My stupid question:  Is the old tenant now the prevailing party under
§713.29 as to the contractor?

I would think absolutely not, that this has to have come up before, and that
the applicable law would be relatively easy to identify, but not so/yet.
Any cites or insights you could offer would be appreciated.

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Bryan L. Capps
Partner | Florida Board Certified in Construction Law

Kirwin Norris, P.A.
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Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
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