What is a Construction Lien?
Under Florida mechanics lien law, a construction lien is a legal claim made against a property by a contractor, sub-contractor, materials supplier, engineer, architect or other lienor who has not been fully compensated for the construction improvements, labor, as well as any supplies or materials purchased for use on the property. If the debt owed is left unpaid, the filer (lienor) is given the right to retain the property until full payment is received. Meaning, the property owner, or lienor, may be forced to sell the property against their will to fulfill their obligation. As it has proven to insure payment to contractors for services rendered, mechanics lien law has become an invaluable asset to the construction industry.
Mechanics Lien Law: Notice of Commencement
Notice of Commencement is a statutory form notice required by Florida construction lien law. This form should be signed, recorded, and posted at the job site by the owner. All information required to serve notice and record a claim of lien can be found on this document including the name and identification of the owner of the property, the contractor’s name, lender’s name, surety’s name, and information pertaining to other persons, who under Florida construction lien law are entitled to receive notice.
Mechanics Lien Law: Notice to Owner
Any person or company that does not have a direct contract with the owner of the property must serve a Notice to Owner. Notice to Owner is a document that informs the owner of the property and any other persons listed on the Notice of Commencement that is entitled to receive the Notice to Owner that a potential lienor will be providing or has already provided lienable services or items to a property. This document is very important as it establishes the potential lienor’s right to serve notice and record a claim of lien.
Mechanics Lien Law: Claims of Lien
A Claim of Lien is a lien on a property which gives notice to the owner and any other parties entitled to the notice that the lienor has not been fully compensated for the labor, services, or supplies, furnished for the construction improvement to the property.
Tampa Construction Lien and Mechanics Lien Law Attorney
As a Tampa construction lien attorney, Cotney Construction Law has provided many construction companies, general contractors, and subcontractors throughout the State of Florida with effective legal representation and counsel with regards to construction lien law. With our extensive knowledge in the construction industry and construction litigation, our practice can help you through the complications and complexity of mechanics lien law.
If you find yourself in need of a highly experienced and trusted partner, give us a call at 813.579.3278 or complete 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.