Which acts does the fraud and collusion remedy reach, besides manipulating the contract price?
Correct Answer
B) Giving false affidavits, releases, invoices or statements
Section 713.31(1) reaches an owner or lienor who by fraud or collusion deprives or attempts to deprive a lienor of benefits or rights "by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments" permitted or required under part I.
Why This Is the Correct Answer
Section 713.31(1) reaches an owner or lienor who by fraud or collusion deprives or attempts to deprive a lienor of benefits or rights "by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments" permitted or required under part I.
Why the Other Options Are Wrong
Option A: Refusing to furnish a copy of the contract on written demand
Refusing a copy is a demand issue, not this fraud remedy.
Option C: Recording a claim of lien after the ninety-day deadline
A late recording is an invalid claim, not fraud.
Option D: Failing to serve a notice to owner within the statutory period
A missed notice loses rights but is not fraud.
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