The importance of having an experienced construction attorney handle your claims of lien is at the forefront of a lawsuit currently pending in the Miami-Dade County styled Pistorino & Alam Consulting Engineers v. Mirasol Ocean Towers Condominium Association (2014-01857-CA-32). In this case, Pistorino & Alam was hired by the Association to perform design work on various portions of the condominium property under nine separate contracts. In May 2014, Pistorino & Alam recorded a single claim of lien in the amount of $107,090 for services provided under the nine separate contracts.
Pistorino & Alam filed suit to enforce its claim of lien and in response the Association filed a motion for summary judgment alleging the claim of lien was invalid because it improperly combined work under separate contracts into a single claim of lien. On March 12, 2015, Circuit Judge Lisa Walsh entered an order granting summary judgment in favor of the Association holding the claim of lien failed to comply with Section 713.29, Florida Statutes. Section 713.09 states that “[a] lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded is for labor or services or material furnished for more than one improvement under the same direct contract.”
In this case, there were nine separate “direct contracts” between the Association and Pistorino & Alam. Accordingly, Pistorino & Alam was required to record nine separate liens covering the work performed under each of the contracts. Judge Walsh’s ruling was based on established case law and an experienced construction attorney would have been able to advise Pistorino & Alam about the requirement for multiple liens in this case.