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Florida - Real Estate - Construction Lien Complaint

Florida - Real Estate - Construction Lien Complaint
Product Code: LB-RE-PC-Fl-CLC
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Sample Cause of Action - FLORIDA CONSTRUCTION LIEN WITH BREACH OF CONTRACT AND TO FORECLOSE CLAIM OF LIEN

use this complaint to sue a property owner for failure to pay for construction services rendered and completed.there are statutory requirements that require certain actions prior to the filing of a complaint that can be found in the UDOLEGAL.COM LAW SCHOOL AND EDUCATION CENTER

CLAIM OF LIEN:A claim of lien is a legal claim to property as security against any amount of money or services owed to another person or entity. In most states, a claim of lien must be filed in the office of the clerk of the court or a suit brought within a limited time.

A lien is a claim to property for the payment of a debt, typically one connected to the property. Because a lien is something that is filed with the local recorder's office, it can be a powerful legal tool. It is a public record, available to anyone, that alleges a valid, unpaid debt against the specific real estate named in the lien.

BREACH OF CONTRACT: Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach made be made by an act which indicates the party will not complete the work.

A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occuring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. A contract is a legally enforceable promise..

Courts will award damages in the event of a breach, but the intent is not to punish the breaching party, but rather to put the other party in the position they would occupy if the contract had been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract.

FORECLOSURE: In this case foreclosure is the procedure by which a party who has obtained a judgment for a claim of lien forces the sale of the real property to recover the money due, unpaid interest, plus the costs of foreclosure, after the debtor fails to make payment. If the judgment and costs of foreclosure are not paid within the specified time, then the judge or clerk will set a foreclosure date for selling the property at public sale.

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