Mrachek Law Shareholders Alan Rose (Board Certified in Appellate Practice) and Dan Thomas (Board Certified in Construction Law) represented the Appellant in Hiller v. Phoenix Associates of South Florida, Inc., Case 2D15-2827, 2016 WL 1386642 (Fla. 2d DCA Apr. 8, 2016) in an appeal from a trial court order from the 20th Circuit, in and for Collier County, Florida. The Appellant is a homeowner involved in a construction defect dispute with a contractor hired to remodel and improve her home. During the dispute, and although the poor work left the home in a worse condition, the contractor placed a lien on the Appellant’s home. After receiving notice of the lien, the Appellant transferred the lien to a surety bond and thereafter served a Notice of Contest of the bond claim as provided by Florida Statutes. The contractor failed to sue the surety on the bond within the 60 day limitations period, but the trial court refused to release the bond. Although the limitations period had already been discussed by another district, the Second DCA had not yet decided this issue. In a well-reasoned written opinion published April 8, 2016, the Second DCA reversed the trial court and ordered the immediate release of the bond. The construction defect claim now will proceed to trial, but the contractor will have no lien or bond claim and is relegated to breach of contract and equitable claims. The opinion can be viewed here. Mrachek Law is a boutique business litigation law firm with offices in West Palm Beach and Stuart, Florida.
