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DEFENDANT’S Construction lien claim – Alleged failure to pay for building services performed in resort hotel construction

Miami-Dade County, FL

The plaintiff was a subcontractor which alleged that the defendant general contractor failed to pay some $________ due, and owing to the plaintiff’s for work performed by the plaintiff under a construction contract. The plaintiff sought to assert a construction lien claim. The defendant maintained that the plaintiff’s lien claim was not valid, because the plaintiff breached the construction contract.

The plaintiff is a site and utilities contractor which allegedly performed approximately $________ of work in connection with the Eden Roc Hotel renovations project in Miami Beach in ________ and ________. The plaintiff asserted a construction lien claim against the defendant for an alleged unpaid balance of $________ plus interests, fees, and costs.

The defendant maintained that the plaintiff failed to substantially perform under its contract. The defense argued that the Eden Roc hotel sustained flood damage in ________ due to the plaintiff illegally dewatering into Eden Roc’s storm water drainage wells, and otherwise failing to deliver a functional storm water drainage system.

The defense contended that the plaintiff had no lien rights to enforce as a result of its actions. The defense further asserted that, even if the plaintiff could show it substantially performed under its contract, Eden Roc was entitled to a set-off in the amount of flood losses which exceed the amount of the plaintiff’s claimed lien.The case was tried as a bench trial. The court entered a judgment in favor of the defendant, and also found that the defendant is entitled to recover its attorney fees and costs under the Construction Lien Statute. The case is currently on appeal.

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