Whether a construction lien has been placed on your property, or you've placed a lien on someone's property, you've probably resigned yourself to the fact that you'll need to spend a small fortune in legal fees. There is; however, another way. Instead of making lawyers rich and waiting ages for your case to unfold in court, the parties could agree to retain an impartial mediator to reach an agreement that would benefit all sides. Fort Lauderdale mediator David S. Tupler understands that your goal is to resolve your construction lien dispute without breaking the bank. He has spent more than 30 years of his career as an accomplished construction litigation attorney in Broward County, and uses that experience to bring the parties together closer, quicker, and at a fraction of the cost of litigation.
Identifying the right mediator for your case
Spending time, energy and attorney's fees to educate a mediator on the complicated nature of Florida construction lien is not an efficient approach to resolving your dispute. One of the many benefits of working with Fort Laudedale construction lien mediator David S. Tupler to resolve your Florida dispute outside of the court process is his in-depth knowledge of the applicable case law and rules that are integral to the construction lien process and procedure. He stays engaged and informed on all updates to related Florida construction laws.
Mediating Florida construction lien cases
Construction liens are a mechanism for those who supply labor and materials on residential and commercial construction projects in Florida to ensure that they are paid for the materials and work that they provided on the job site. They extend protections to subcontractors and suppliers at the lowest levels of construction on a job site. If a contractor who was required to pay a subcontractor for labor and/or materials refuses to do so, the subcontractor may go through the process of filing a lien on the property so that the owner ultimately pays the subcontractor for the work.
One of the complex aspects of dealing with construction liens is that contracts are often very detailed and specific in laying out the process for payments to contractors and subcontractors, as well as the requirements for filing a construction lien. Some owners and contractors go to great lengths to try to discourage subcontractors from filing a liens, because major financial and scheduling issues could arise for the general contractor and property owner.
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Construction liens as a part of a broader case
It is often the case that the construction lien itself is not the complete subject of a construction litigation dispute. Some complex cases involve multiple contractors, subcontractors and suppliers. In such cases, it would be helpful to engage in an early mediation process to resolve various construction lien issues. This could help to narrow the scope of the remaining issues to be litigated.
The parties involved in construction lien disputes have significant incentives to attempt mediation discussions as early as possible in the construction dispute. The sooner any subcontractor or supplier who is seeking payment is able to get paid, the more readily work can resume. Owners and general contractors should also be eager to resolve construction lien disputes without seeing the process all the way through to a trial or judgment, because they do not want to hold up other work on the job site or the sale of a property that is encumbered by the filing of a lien.
Mediation in advance of arbitration
Given that the parties in a construction dispute involving construction liens have plenty to gain from mediating their dispute early on in the case, it is wise to suggest mediation as an option to the opposing parties as early as possible. Even if your case is slated for arbitration, mediation in advance of arbitration can save time, money and stress. It is a less formal process than arbitrating a construction dispute and takes far less time to resolve. The arbitration process in construction disputes is similar to the traditional litigation process. It requires more documentation and in-depth position statements from the parties that are typically reviewed by a panel of arbitrators. In addition, arbitration of construction disputes may be binding on the parties, which means that they do not have an opportunity to continue litigating their claims if they are not satisfied with the outcome of the arbitration. On the other hand, mediation does not force either party to accept a settlement that they are not satisfied with. The parties always have the option to continue litigating their claims in court if either side is unhappy with the final settlement offer during mediation.
Reach out to Mediation Attorney David S. Tupler at (954) 383-6577 to set a mediation date for your Florida construction lien dispute. Set up a mutually agreeable mediation date at our Hollywood office today.