Construction Liens – Fraud or Collusion
What remedies exist in the case of fraud or collusion by an owner or another lienor relating to a lien?
Under Florida Statutes Section 713.31(1), if the owner or another lienor, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which that lienor is entitled by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments, the court can do almost anything to set things straight. The court can issue temporary and permanent injunctions, order accountings, grant discovery, utilize all remedies available under creditors’ bills and proceedings supplementary to execution, marshal assets, and exercise any other appropriate legal or equitable remedies or procedures without regard to the adequacy of a remedy at law or whether or not irreparable damage has or will be done.