For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute ยง 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.
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Golf clubs and their developers, owners, builders, operators, managers and members are still taking their disputes to court to duke, or "club" it out. This trend continues even when there are readily available options to full-blown litigation, such as alternative dispute resolution (ADR).
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