Construction Liens – Judgment for Lien vs. Judgment for Amount Due Under Contract
What is the effect of a judgment finding a lienor has failed to establish a lien for the full amount due under its contract?
According to Florida Statutes Section 713.28, if a lienor fails to establish a lien for the full amount found to be due him or her in an action to enforce the lien he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her. In other words, if a subcontractor only establishes a lien in the amount of $10,000, but also proves he is owed $12,000 under the subcontract, his lien is limited to $10,000 and his judgment against the general contractor would be in the amount of $2,000.