In the State of Florida, lien laws protects contractors, subcontractors, and other construction professions and affords them the right to enforce a claim for payment against a property when an owner fails to make a payment. If you have worked diligently on a construction project but have not received payment for your labor, services, or supplies our Florida construction lawyers know that you may be wondering if it is worth it to file a mechanic’s lien. If you don’t know where to start, we’ll provide some answer to common questions people have when they are deciding if they should file a mechanic’s lien. Part 2 of our article provides more answers to common questions.
Do I Need a Lawyer?
You have a right to represent yourself; however, any misstep can cause you to lose your lien rights. Lien laws vary per state and Florida’s lien law can be complex this is why we always recommend you hire a Florida construction lawyer to help you file your mechanic’s lien. This way, you don’t have to prepare the paperwork and appear at hearings without a knowledgeable advocate on your side.
What Will a Lien Accomplish?
Filing a mechanic’s lien against a property will prevent an owner from selling or refinancing the property until the mechanic’s lien is removed.
Can Anyone File a Mechanic’s Lien
Not just anyone can file a mechanic’s lien. Generally, anyone in direct contract with an owner like contractors, subcontractors, material and equipment suppliers, and laborers can file a lien in Florida. It’s important to note that the absence of a license will void a person’s lien rights.
What Should I Do Before Recording a Mechanic’s Lien?
You must serve a Claim of Lien on the owner by certified mail, in person, or posting a certified copy on the owner’s premises before or within 15 days of recording the mechanic’s lien.
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.