Construction projects involve several parties including property owners, general contractors, subcontractors, material suppliers, and others. Due to many moving parts and a credit-heavy nature, payment issues abound. If you are positioned at the latter end of the payment structure (i.e., subcontractors and suppliers), you feel the brunt of any payment delays. Payment problems are a continuous source of contention in the construction industry.
Florida’s mechanics lien law provides contractors, subcontractors, and suppliers who have provided labor, services, or materials on a construction project with a means of protecting their rights to payment recovery. At the end of a hard day’s work, everyone wants to receive fair compensation. If you are not getting paid on a construction project, you can file a lien to secure payment. Our Florida construction lien lawyers are here to help.
Experienced Florida Construction Lien Lawyers
Liens are a powerful remedy for recovering payment in the construction industry. However, there is a caveat—lien law (Florida Statute section 713.06) is strictly construed, which means you must meet all requirements or else, you forfeit your lien rights. We strongly urge you to seek the expertise and guidance of a Florida construction lien lawyer.
Let the lawyers of Cotney Construction Law help you secure your lien rights. Lien law is complex, and our lawyers possess an in-depth understanding of both the nature of running a construction business as well as your rights and obligations under the law. We can assist you in all stages of the lien claim process.
Who Can File a Mechanics Lien?
Florida lien law does not apply to every person or entity that is involved in a construction project. Those entitled to protection are defined as “lienors” which includes contractors, subcontractors, sub-subcontractors, laborers, material suppliers, or professional lienors.
Lien Forms: Strict Compliance is Critical
Proper documentation is required in order to perfect your lien rights. This is why timing and careful attention to the requirements of lien law is crucial. Our firm regularly assists our clients with interpretation and drafting of lien forms such as:
- Notice of Commencement
- Notice to Owner
- Sworn Statement of Account
- Lien Release
- Payment Bond
- Claim of Lien
Failure to meet the requirements of any of the aforementioned forms will jeopardize your lien claim. A knowledgeable attorney from our firm will ensure that the Notice of Commencement is recorded, the Notice to Owner is sent, the Claim of lien is recorded, a lawsuit is filed within one year of recording your claim of lien, and any other important matters and actions are handled on your behalf.
If you would like to speak with a Florida construction lien lawyer, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.