As a contractor, you may have multiple projects underway simultaneously, all of which begin and end at varying times. When working under another contractor during improvement to privately held property, in addition to ensuring the job is completed on time and to the specifications of the contract, you are also responsible for filing construction lien documents to protect your business, should the general contractor fail to release payments for your company’s role in the construction. However, with multiple crews and overlapping timelines, keeping track of lien deadlines can be challenging. To ensure each deadline is met, it is essential to seek the assistance of a Bradenton construction lien lawyer.
Florida’s Construction Lien Law
Florida’s Construction Lien Law is defined within Chapter 713 of the Florida Statutes. Within Chapter 713, filing procedures are outlined, including who is eligible to file a lien, what property is lienable, and the timelines in which each step should be taken to avoid forfeiture of lien rights.
To better understand construction liens, our expert construction lien lawyers in Bradenton have outlined some details associated with Construction Lien Law.
Who is eligible to file a lien?
Contractors, sub-contractors, sub-sub-contractors, material providers and some design professionals, such as architects or engineers, are covered by lien law. Some individuals who are not eligible to file a construction lien include sub-sub-sub-contractors, companies that provide materials to the material providers, and unlicensed contractors.
What property is lienable?
Construction Lien Law can only be initiated for improvements made to privately held property. In addition to the type of ownership, the improvements must be “permanent” improvements, defined within Chapter 713 as, “any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit.” In addition to the types of lienable services, the payment to the general contractor by the owner should be over $2,500.00.
Timelines of Lien
Notice of Commencement:
This document is filed by the owner before construction begins on the property, and then posted to the job site.
Notice to Owner:
This document is served by all contractors not in direct communication to the owner within 45 of the first deliverance of service or supply of materials.
Claim of Lien:
This document is to be filed within 90 days of the final furnishing of service and then delivered to the owner within 15 days.
Construction Lien Law Experts from Cotney Construction Law
The Bradenton construction lien lawyers from Trent Cotney, P. A. can partner with your company to ensure you never miss a lien deadline and are always protected when providing labor or services for improvements to real property.
To speak with a construction lien lawyer in Bradenton, please call 813.579.3278 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.