Legal Question in Business Law in Florida

Florida Lien Law - Interior Designers

Simple question. Florida.

Lien Law. Interior Design Consulting services. We filed a lien. Client is selling hotel. For a lien payoff total we included our expenses,time and finance charges.

Our business agreements states expenses are reimbursable and late payments are assessed late fees.

Is there any reason this would not be permissable? The client only wants to pay the late fees on the original balance owing. If we do not agree and sign, by high noon Tuesday, they claim they will

have no choice but to remove the lien to a bond with the Clerk of Miami-Dade County and file a Notice of Contest. Not large sums but the Client is only paying because of the sale and we do not absorb expenses incurred on behalf of our client.


Asked on 6/21/09, 7:08 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: Florida Lien Law - Interior Designers

I am not familiar with FL lien law, and I defer to another attorney to answer this question fully.

My impression is that if your contract states the Client will pay expenses, then you are entitled to include expenses in the total amount owed to you. I don't follow why the "original balance owing" doesn't include expenses. I expect that the Client can challenge the expenses you have included in the total amount of the lien. It is the procedure which I am unfamiliar with, so I don't know whether it is worth your while to fight the Contest or just take the amount the Client is willing to pay and call it even. For that advice, I defer to another attorney.

I strongly recommend that you contact an attorney in your area (Miami-Dade?) and consult with them BEFORE Tuesday to protect your rights. You will need specific legal advice in this matter, which is beyond the scope of what this forum allows.

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Answered on 6/21/09, 8:47 pm


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