Construction Liens

Keys to Filing a Successful Construction Lien Part 2

As Florida construction attorneys, we understand the Florida mechanics lien law. If you haven’t been compensated for the work you’ve completed on a property, you may file a claim of lien to secure payment. In Part 1 of our series, we introduced you to Florida Statute 713.13. We discussed Notice of Commencement, Notice to Owner, and Waiver or Release of Lien. In this second part, we’ll discuss three more sections of the statute that are vital to the successful filing of a construction lien.

Record the Claim of Lien

In order for a lien to be valid, you must properly file and record a claim of lien. Recording the claim a lien places a lien on the property and gives notice of nonpayment for services, labor, etc. It is valid for one year following recording. Be sure you are filing it in the county where the property is located no later than 90 days after completion.

Serve a Copy of the Claim of Lien

As liener, you must serve a copy of the claim to the owner within 15 days of recording the lien. Failing to do so can void your lien.

Final Contractor’s Affidavit

Provided that you have served a Notice to Owner, you must give the owner a final payment affidavit at the time you bill for final payment. This affidavit should state that all parties (lienors) have been paid. If this is not the case, it should state the amounts that are to be paid to those that haven’t received payment.

Sworn Statement

As a contractor, you must notify the property owner of your intent to place a lien on the property. A sworn statement is sent to the person designated to receive the demand as specified in the Notice to Owner. The sworn statement describe the services you performed or products you supplied. It also documents payments you’ve received and what remaining payments are due to you. Failing to provide this statement timely or falsifying this statement will cause you to lose your lien.

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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.

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