What is Lien Law?
Under Florida construction lien law, anyone that works on a property or provides materials can enforce their lien rights if they have not been paid. On the other hand, lien law is important for owners too. If an owner pays their contractor, yet the contractor fails to pay subcontractors, material suppliers, or anyone they’ve hired to work on the owner’s property with them, those parties can come after the owner’s property for payment.
What Does the Claim Process Look Like?
Before filing a lien claim, owners and other professionals should be familiar with required forms such as a Notice to Owner, a Notice of Commencement, and a Notice of Contest of Lien, among others since these all have strict filing deadlines.
For example, if an owner fails to file and post a certified copy of a Notice of Commencement before beginning work on a property, that owner can end up paying twice for the same service if a contractor fails to pay his subcontractor. Likewise, a worker not in direct privity with the owner must file a Notice to Owner within 45 days of starting work or providing materials, or else lose their right to enforce a lien down the line.
If 90 days have come and gone and no payment has been received for the work or supplies furnished on a property, a claim of lien can be filed.
Do I Need a Miami Construction Lien Attorney?
Many construction professionals don’t understand how time-consuming filing a claim can be or the process of filing a lawsuit should the lien claim require further escalation. A missed deadline can leave owners paying double for services or a contractor losing their right to pursue a lien. Our experienced Miami construction lien attorneys can guide you through the entire process ensuring you meet every deadline as dictated by the Florida Statutes, Chapter 713. If you’re unsure of how to recover payments or want to know how to prevent a lien on your property, give us a call immediately.
If you would like to speak with a Miami mechanics lien law attorney, please contact us at 954.210.8735, or 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.