Second District Quashes Order Discharging Claim of Lien and Lis Pendens

Premier Finishes, Inc. v. Maggirias, 2D13-1340 (Fla. 2d DCA 2013):

In April 2011, Premier, under the fictitious name PFI Construction, entered into a contract with a family trust to build a house. In August 2012, Premier filed a complaint against Maggirias, the trustee. Premier alleged they had substantially completed performance pursuant to the contract when Maggirias wrongfully terminated them and failed to pay the outstanding balance due. Premier recorded a notice of lis pendens and a claim of lien, which they sought to foreclose.

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The Port Marina Condominium Association, Inc. v. Roof Services, Inc., 4D12-3693 (Fla. 4th DCA 2013):

The Florida Condominium Act provides for a warranty of fitness and merchantability as to work provided by contractors and materials provided by suppliers for condo developments, but not as to the manufacture of construction materials. Port Marina filed a complaint, seeking relief from GAF Materials Corporation under Florida’s Condominium Act. The trial court dismissed Port Marina’s complaint against GAF for failure to sufficiently allege that GAF was a supplier.

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