Unlike many other states, Florida’s law regarding mechanics lien is particularly unique in the sense that it explicitly requires that a claim of lien must be prepared and filed by either the lienor or a licensed attorney. Filing and managing a mechanics lien successfully can be a very difficult and time consuming task. To ensure proper preparation and filling procedures are followed, hiring an experienced and licensed construction attorney in Tampa is highly recommended.
Mechanics liens are a great tool available to contractors, subcontractors, suppliers, and laborers to ensure proper payment by the property owner or general contractor(s) of a construction project. Below you will find the appropriate measures for filing a claim of lien in the State of Florida. The forms required to file a claim can be found here.
Prepare Notice to Owner
Once you have determined that you have the right to file a claim of lien, you must serve notice to the owner. The Notice to Owner is a form that establishes the right of a potential lienor to file a claim of lien. Under Florida Statutes, all contractors, subcontractors, suppliers, and laborers who do not have a direct contract with the owner must serve notice to the property owners and general contractors within 45 days of providing lienable services, materials, or labor in order to preserve their lien rights.
Serve Notice to Owner
To serve this notice, the property owner and/or general contractor must receive a copy of the form either by delivering the form in person, or through certified USPS mail or overnight/express delivery, and requiring signature upon receipt.
Prepare and Record Claim of Lien
A claim of lien must be recorded with the proper recording office within 90 days of the final delivery of lienable services, materials, or labor for the construction project. Florida is very strict with the timeline of recording a claim of lien. If the claim of lien is not recorded within 90 days, the lien will be rendered null and void. If you are unsure of or not familiar with the deadlines mandated by Florida’s law, then it is wise to consult a Tampa construction attorney.
Serve Claim of Lien
Florida’s law requires the lienor to serve a copy of the claim of lien to the property owner either before record of the claim or within 15 days of recording. If a copy of the claim is not provided to the property owner within this time frame, per F.S. § 713.08(4)(c), the lien will be rendered voidable. The recorded claim of lien can be served in person, by registered or certified mail, or overnight delivery with record of receipt, or by posting the claim on the premises.
At Cotney Construction Law, we specialize in helping individuals in the construction industry with mechanics lien law. If you find yourself in need of a Tampa construction attorney, please call us at 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.