Lien burden of proof

BS
Brian Solomon
Wed, Mar 13, 2019 10:18 PM

Suppose a rental company rents a piece of equipment to a subcontractor.  The equipment is delivered to a job site owned by Owner "A".  The subcontractor uses the equipment on Owner A's property but also uses the equipment on a project owned by Owner "B".  The equipment is picked up by the rental company at Owner B's project site.

The rental company files a lien on Owner A's property but not on Owner B's property.  In a lien foreclosure action against Owner A, does the lienor have the burden of proving the number of days the equipment was used on Owner A's property?

Volk Law Offices, P.A.
Brian D. Solomon, Esquire
One Harbor Place
1901 S. Harbor City Blvd.
Suite 700
Melbourne, FL 32901
321.726.8338 telephone
bsolomon@volklawoffices.commailto:bsolomon@volklawoffices.com

Board Certified in Construction Law

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Suppose a rental company rents a piece of equipment to a subcontractor. The equipment is delivered to a job site owned by Owner "A". The subcontractor uses the equipment on Owner A's property but also uses the equipment on a project owned by Owner "B". The equipment is picked up by the rental company at Owner B's project site. The rental company files a lien on Owner A's property but not on Owner B's property. In a lien foreclosure action against Owner A, does the lienor have the burden of proving the number of days the equipment was used on Owner A's property? Volk Law Offices, P.A. Brian D. Solomon, Esquire One Harbor Place 1901 S. Harbor City Blvd. Suite 700 Melbourne, FL 32901 321.726.8338 telephone bsolomon@volklawoffices.com<mailto:bsolomon@volklawoffices.com> Board Certified in Construction Law [cid:image001.jpg@01D11BB2.EEFB99D0]<http://volklawoffices.com/> This email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by law. If you are not the intended recipient, you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. Internet communications are not assured to be secure or clear of inaccuracies as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Therefore, we do not accept responsibility for any errors or omissions that are present in this email, or any attachment, that have arisen as a result of email transmission.