Most of the time, business transactions go smoothly on a construction site. Services are rendered by construction personnel and they are paid promptly. Unfortunately, this is not always the case and it’s a good business practice for all contractors, subcontractors, and material suppliers to make sure they have submitted the proper mechanic’s lien paperwork in order to protect themselves. This paperwork can be complicated. It’s critical that you submit it accurately and within the correct timeframe. The help of an experienced Fort Lauderdale construction lien lawyer is crucial to protecting your interest.
Before The Construction Project Starts
Prior to starting a project, a site owner must complete a Notice of Commencement (NOC). The NOC must be placed at the jobsite and displays information about the property, project, owner, financial institution, and general contractor. At the same time, contractors and subcontractors must submit a Notice to Owner. This document notifies the owner that the construction professional is providing labor, services, or materials. It also notifies the owner of their responsibility to remit payment in a timely fashion. The Notice to Owner must be submitted 45 days prior to when the labor, services, or materials are rendered.
Filing a Construction Lien: Talk to a Fort Lauderdale Mechanics Lien Law Attorney
If an owner does not remit payment for construction services or materials, you can file a Claim of Lien. Your ability to file a Claim of Lien is contingent on your adherence to the guidelines found in Chapter 713 of the Florida Statutes and the timing with which you submit your claim. A Claim of Lien must be filed within 90 days of the completion of the project. A Fort Lauderdale mechanics lien law attorney can guide you through the process of filing this claim to notify the site owner that a lien may be placed against their property. The document must be filed with the Clerk of the Court in the county where the property is located and served to the site owner within 15 days of its filing. The lienor then has a year to either collect the funds owed to them or file a lawsuit to enforce the lien.
It’s also important to consider that an owner can file a Notice to Contest, which can force you to prove that you filed your lien in an appropriate manner.
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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.