Under Florida’s mechanic’s lien law, parties such as contractors, subcontractors, laborers, material suppliers, and various other professionals have lien rights. Failing to pay parties opens the gate to liens on your property. This includes situations where you’ve paid the contractor, yet, because they’ve failed to pay their workers, your property could still be at risk for a lien. As property owners or developers, you can defend yourself against a mechanic’s lien. We’ll share ways in which you can address and defend yourself against a lien against your property. Visit Part 2 to read the remainder of the article.
Has the Lienor Met Their Obligations?
At the heart of a lien is Florida Statute 713. In order to protect lien rights, lienors must comply with the statute which explains construction lien law in detail. Any misstep can cause lienors to lose their right to place a lien on your property. Construction lien law is very complex and this is why a Jacksonville construction lawyer is vital. However, we’ll share common mistakes lienors make that cause them to lose lien rights.
1. They Fail to Send a Notice to Owner
Anyone not in direct contract with you must serve a certified Notice to Owner within 45 days of the project’s start. Refer to the Notice of Commencement for information on how to correctly serve a Notice to Owner.
2. They Fail to Provide a List of Subcontractors
If you’ve requested, contractors must provide a list of their subcontractors and suppliers within 10 days of your request.
3. They Fail to Record the Mechanic’s Lien on Time
Lienors must record the mechanic’s lien within 90 days from the last day they’ve provided a service, labor, or materials.
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.