Out of all Florida laws designed to protect the rights of construction industry professionals, the Construction Lien Law, found within Chapter 713 of the Florida Statutes, is among the most complicated due to the strict filing procedures. One wrong step or one missed deadline could lead to unrecovered payments for work or materials provided during construction improvements to privately held real property. It is always a wise choice to seek counsel from a Brandon construction lien lawyer knowledgeable in the multi-step filing process.
A construction lien lawyer in Brandon can partner with your firm to draft, record, and serve lien notifications, but as a business owner it is still important for you to understand the construction lien filing process and the documents drafted along the way.
Construction Lien Documents
Throughout the construction process, there are lien documents that must be filed within certain time frames of the project to qualify for payment recovery through filing a construction lien. The most important to recognize are the Notice of Commencement, Notice to Owner, and the Claim of Lien.
Notice of Commencement
The Notice of Commencement is signed by the owner of a property, recorded for public record, and posted to the job site before construction begins. Included within this document is the legal description of the property, the owners and contractor’s name, and how they can both be contacted. This document is meant to give contractors, sub-contractors, sub-sub-contractors, and material providers information on who is to be served with the Notice to Owner and who is responsible should they place a lien against the property for non-payment. All furnishings of service must be done within 90 days of the date recorded on the document or a new Notice of Commencement must be drafted, which is also the responsibility of the owner to revise and repost to the job site.
Notice to Owner
All service and material providers, covered by Florida’s Construction Lien Law, not in direct dealing with the owner, are to serve parties listed on the Notice of Commencement with a Notice to Owner within 45 days of the last furnishing of service. The purpose of this document is to inform the owner of all third-party sub-contractors and material providers involved with the improvements to ensure they receive payment from the general contractor. This also lets the owner know that a lien could be taken against their property if payment is not received for work or material provided.
Claim of Lien
The Claim of Lien is to be filed and recorded with the county clerk where the property is located within 90 days of the final furnishing of service. Once the lien is recorded, the lienor has 15 days to serve the property owner with the Claim of Lien informing them that a lien was taken against their property for non-payment. The lienor has one year from the date of filing to either receive payment for services or file suit to enforce the lien, which could lead to the public sale of the property.
The above listed are the most important documents associated with Florida’s Construction Lien Law, but there are others that may come in to play if requested by the owner or lienor, such as the Lien Release, Contractor’s Final Payment Affidavit, Notice of Bond, Lienor’s Demand for Statement of Account, and others. If you are consistently working as a sub-contractor, sub-sub-contractor, or material provider on improvements to privately held property, it is always a wise decision to speak with a construction lien lawyer in Brandon to understand and take advantage of your lien rights.
Trust the Brandon Construction Lien Lawyers from Cotney Construction Law
The Brandon construction lien lawyers from Cotney Construction Law have assisted countless construction professionals with the drafting and filing of construction lien documents, and payment recovery. Don’t risk missing important steps in the construction lien process or deadlines mandated to recover payments.
If you are in need of a professional construction law firm, please 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.