It's Good to Be a Mechanic's Lienor in Florida
A Florida appellate court holds a contractor prevailing on its mechanics lien claim against homeowners may recover attorneys fees and prejudgment interest even if the owners prevail against the contractor on their counterclaim for breach of contract.
The contractor sued to enforce a claim of lien for the unpaid $110,942.94 balance due under a home construction project. The owner filed a counterclaim for breach of contract alleging the contractor did defective work.
The trial court held the contractor was entitled to recover $96,453.55 on its mechanics lien claim, but also found that the contractor finished the work late and did substandard work, and that the owners were entitled to recover $50,000 on their counterclaim. The trial court found that since each party prevailed against the other, they should bear their own attorney's fees and costs.
The appellate court reversed holding that when a claimant in a mechanic's lien action recovers a judgment in any amount, a trial must award attorneys' fees under the mechanics lien statutes. The court also held the contractor was entitled to prejudgment interest. The case is styled,Ivey v. Salazar. For a copy click, Download file.