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Volume 6 - Number 38 | September 29, 2008
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EDITOR'S NOTES
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 mechanics lien? According to a Florida court, the answer is no.
A mechanics lien is also the subject of this weeks second case summary, in which a cost-plus project is terminated for owner convenience. Instead of submitting a final bill, the contractor files a mechanics 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 governments argument is substantially justified, attorney fees are non-recoverable, said the court.
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