Florida’s Construction Lien law is very intricate; we highly recommend you contact a Jacksonville construction attorney if you aren’t familiar with the specifics of the law. However, getting a better understanding of the law prior to the threat of a lien will put you a step ahead of addressing potential liens on your property.
Defenses Against a Lien
As stated in Part 1 of our article, you can protect yourself against liens on your property. Failure on the part of the lienor to properly serve a Notice to Owner and missing vital deadlines would render a lien null and void. There are additional mistakes that lienors may make that becomes your defense against a lien. There are also steps you should be sure to take to protect yourself. Ask yourself the following questions:
- Have you filed the Notice of Commencement with the county the project is located in and posted it at the job site before the start of the project?
- Have you requested a Release of Lien or a Partial Release of Lien (if necessary) from subcontractors and suppliers? The release of lien prevents a threat of lien on your property.
- Has the lienor delivered the Sworn Statement of Account within 30 days of your request?
- Is the lien valid? The legal description and the claimant and owner information must be accurate.
- Is the person filing a lien against your property licensed?
- If the lienor has filed a lawsuit, has the one-year time period expired? If not, have you filed a Notice of Contest of Lien during the one-year period?
How an Attorney Can Help
If you find that a lien has been placed on your property and need assistance to determine whether you can fight a lien claim we can help. As construction lien attorneys, we’ve provided many construction professionals with legal representation and counsel through the complications and complexity of mechanics lien law.
To speak with one of our Jacksonville construction attorneys, please call us today at 904.425.5030 or submit our contact request form for more information.
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.