Construction Lien & Bond Claims
Florida’s Construction Lien Law protects contractors, subcontractors, sub-subcontractors, material providers, and some design professionals from non-payment for permanent improvements made to privately-owned property. However, it can be extremely challenging to exercise lien rights due to the inherent complexity of the legislation. There are strict timelines and filing procedures that must be adhered to precisely as they are outlined in Chapter 713 of the Florida Statutes, or the lienor will lose the right to recover payments.
Because this law is so valuable to the successful operation of residential-based construction businesses, it is always recommended to speak with a Jacksonville mechanics lien law attorney to better understand the process, as well as assist in drafting and filing lien documentation.
How Does Florida’s Construction Lien Law Work?
Before construction begins on a project, the property owner is responsible for filing a Notice of Commencement, which outlines information about the property, project, owner, financial institution, and the general contractor. Eligible parties must then deliver a Notice to Owner within 45 days of the first furnishing of service or supply of materials. As a Jacksonville construction lien lawyer, we recommend supplying this notice to all parties found on the Notice of Commencement. This document in essence notifies the owner of the services or materials being provided by the lienor, and establishes their responsibility of payment.
If payments have not been received 90 days after the final furnishing of labor, material, or services, the lienor must file a claim of lien in the county where the property is located. The next step is supplying the mechanics lien to the owner, informing them that their property could potentially be auctioned off if payments are not received. The final step is enforcing the lien, which must be done within one year of the date of filing, unless a Notice of Contest of Lien is filed.
How will a Jacksonville Construction Lien Law Lawyer be an Asset?
One misfiled document or one missed deadline could mean the difference between whether or not you receive compensation for services rendered. Don’t risk your lien rights being rendered null and void because of a simple mistake. Hire an experienced construction lien law attorney in Jacksonville who can not only guide you through the process, but guarantee your lien rights are protected.
To schedule a consultation with an experienced construction attorney from Cotney Construction Law, please call us today at 904.425.5030 or request a consultation.
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.