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discharging a claim of lien but reserve any rights to pursue collection what does this include?

Florida
Anonymous General Contractor

If we go with the option on releasing the lien, claimant wishes to release the claim of lien for other reasons, but reserves any rights available under law to pursue collection of the claim amount. What all does this include, can we lien the house again if they do not make payment? or would we have to pursue the route of suing the home owner?

1 reply

Attorney at Adams and Reese LLP
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Feb 10, 2021

Depending on the language of the lien release, a contractor may still have a right to pursue payment based on breach of contract against the other party to the contract or a theory of unjust enrichment to a party that obtained a benefit of the work but has not paid for such service. Actual rights will depend on the specific circumstances of the transaction.  

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