About David Borack
David was born in New York and moved to Miami, Florida in 1990 to attend Law School at the University of Miami. It was there where he fell in love with the
warmth of South Florida, the Miami Hurricanes, and his wife Tiffany. When not helping clients, David spends most of his time coaching youth sports and
spending time with his family and two Olde English Bulldogs.
David began his career as a Commercial Litigation Attorney and during those years he learned what it takes to protect consumers from banks and creMore...
warmth of South Florida, the Miami Hurricanes, and his wife Tiffany. When not helping clients, David spends most of his time coaching youth sports and
spending time with his family and two Olde English Bulldogs.
David began his career as a Commercial Litigation Attorney and during those years he learned what it takes to protect consumers from banks and creMore...
David Borack's Recent Answers
Jun 4, 2020
From an Anonymous Contractor
FloridaAttorney at Borack Law Group
Good Morning –
You should send the NTO to the address provided by the owner in the Notice of Commencement. In an abundance of caution you can also send thSee More...
You should send the NTO to the address provided by the owner in the Notice of Commencement. In an abundance of caution you can also send thSee More...
Jun 3, 2020
From an Anonymous Contractor
FloridaAttorney at Borack Law Group
I have read your inquiry; however, some very important information is missing. If you have a direct contract with the owner of the property (you are in
privity) then you do not need to file a NTO. Florida Statutes 713.05 governs Liens of Persons in privity. There are no conditions precedent to filing your lien if
you are in privity with the owner. You must file your lien no later than 90 days after the final furnishing of labor, services or materials. See Florida See More...
privity) then you do not need to file a NTO. Florida Statutes 713.05 governs Liens of Persons in privity. There are no conditions precedent to filing your lien if
you are in privity with the owner. You must file your lien no later than 90 days after the final furnishing of labor, services or materials. See Florida See More...
Jun 2, 2020
Jun 2, 2020
From an Anonymous Contractor
FloridaAttorney at Borack Law Group
You are correct in your understanding. The Notice of Contest of Lien speeds up the process and requires you to foreclose on your lien within 60 days of
receipt of the Notice. Simply put, you are required to file a lawsuit (Complaint) for lien foreclosure in the jurisdiction in which the property lies. Typically, these
types of lawsuits includes at least three causes of action (lien foreclosure, breach of contract, unjust enrichment and/or quasi contract). Once the See More...
receipt of the Notice. Simply put, you are required to file a lawsuit (Complaint) for lien foreclosure in the jurisdiction in which the property lies. Typically, these
types of lawsuits includes at least three causes of action (lien foreclosure, breach of contract, unjust enrichment and/or quasi contract). Once the See More...
May 28, 2020
From an Anonymous Contractor
FloridaAttorney at Borack Law Group
The issue you present is interesting. On the surface you have plenty of time to sue the homeowner. If you have a written contract then you have 5 years from
the date of default (failure to make payment) to file suit. Your suit would likely include claims for breach of contract and unjust enrichment. The other issue is
whether you have timely filed a lien. If you have not done all of things necessary to do so at this point you are too late to do so and therefore haveSee More...
the date of default (failure to make payment) to file suit. Your suit would likely include claims for breach of contract and unjust enrichment. The other issue is
whether you have timely filed a lien. If you have not done all of things necessary to do so at this point you are too late to do so and therefore haveSee More...
May 19, 2020
May 19, 2020
From an Anonymous Contractor
FloridaAttorney at Borack Law Group
Your lien rights are going to be impacted by your failure to send a copy of the NTO to the contractor. Florida Statutes 713.06(2)(a) requires a
sub-subcontractor to serve the NTO on the contractor as a pre-requisite.
See More...
sub-subcontractor to serve the NTO on the contractor as a pre-requisite.
See More...
Details
Location
Longwood, FL
Years of Experience
31
Expertise Area
Contract Drafting, Review, and Negotiation
Defect Litigation
Lien Law Matters
Insurance Claim Disputes & Deficiency Claims
Prequalification, licensing, and indemnity issues
Collection Related Matters
Licenses
Florida Bar