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Volume 6 - Number 38 | September 29, 2008

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  EDITOR'S NOTES | Issue 6-38
Condo living has plenty of advantages: minimal (or no) yardwork, community amenities and no exterior maintenance to name a few. But, what happens when the association contracts work for the community, then declines to pay for the work? Must the contractor list each individual owner on the mechanic’s lien? According to a Florida court, the answer is no.

A mechanic’s lien is also the subject of this week’s second case summary, in which a cost-plus project is terminated for owner convenience. Instead of submitting a final bill, the contractor files a mechanic’s lien, opening up questions about cost documentation.

Success in the courtroom does not necessarily mean a government contractor can recover attorney fees against its opponent, said a federal claims court. If the government’s argument is “substantially justified,” attorney fees are non-recoverable, said the court.
  LIEN ON CONDOMINIUM PROPERTY DID NOT NEED TO NAME INDIVIDUAL OWNERS
A mechanic’s lien does not need to list individual condo owners when the contract in question is commissioned by and managed by the condo association.
  GOVERNMENT CLAIM POSITION “SUBSTANTIALLY JUSTIFIED” DESPITE STONEWALL TACTICS TACTICS
Attorney fee recovery is off limits to a contractor that won its case against a federal agency. The government’s argument was “substantially justified,” which negates the contractor’s right to fee reimbursement.
  NO FINAL BILL OR DEFINITIVE CONTRACT PRICE REQUIRED TO MAINTAIN LIEN
Lack of a final bill on a terminated project does not protect the owner from a mechanic’s lien for the unpaid balance on the cost-plus project.