Legal Question in Construction Law in Florida

Re: Construction lien on defendant's property

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RESPONSE: Your question is too vague since it contains no facts. However, procedurally if a Plaintiff sues a Defendant then a Defendant is entitled to file a counterclaim. If it is not timely filed then the Defendant may file a motion asking for leave to file the counterclaim, which is usually granted, as most cases say it would be an abuse of discretion for the court not to allow a counterclaim to be filed. Whether the counterclaim is compulsory (mandatory) or whether it is permissive (can be filed as a separate action) will completely depend upon the facts of the case. Review the Florida Rules of Civil procedure 1.100 through 1.200 to help answer your question.

Good luck,

Randall Gilbert