All construction professionals should have a firm understanding of Florida’s construction lien laws. It’s essential for those in the construction industry to know all the time limits and notice requirements to avoid lien mistakes. There are multiple mistakes that can have a negative impact on the lienor’s right to file their claim, and in this two-part article we will be discussing three of those mistakes: claim of lien mistakes, exaggeration of lien claim, and notice mistakes. It’s recommended that you seek the help of a Jacksonville construction lawyer when dealing with construction lien mistakes. To view the second half of this article, please visit Part 2.
Claim of Lien Mistakes
To be submitted properly, a Claim of Lien must be recorded within 90 days of finishing the work or supplying the materials that are in accordance with the contract. Notice, this excludes any warranty or repair items. Additionally, a copy of the Claim of Lien must be delivered to all involved parties within 15 days of the recording. This can be done by certified mail, just keep in mind a return receipt is needed. A Claim of Lien is only valid for one year after it’s been recorded, according to Florida law. One of the biggest construction lien mistakes that are made is contractors or other construction professionals failing to accomplish everything within the given time period. Once the time period is up, the lien will be invalidated and the contractor loses their right to file the claim. As Jacksonville construction attorneys, we know that other Claim of Lien mistakes that we commonly see include leaving out required details such as:
- The date of the last day of work or the last day materials were supplied
- A detailed description of the property
- Omitting a detailed list of what services were performed or what materials were provided
- A specific date of the day the notice was sent
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.