You have the right to secure a debt owed to you. Florida construction lien law is set up to protect you in the event you are left unpaid after completing a construction project. As Florida construction lawyers, we understand the dynamics of lien law and want you to know how to file your liens correctly. In this first part, we’ll discuss three important sections of Florida Statute 713.13, that are crucial for the successful filing of a construction lien. Part 2 is a continuation of the series.
Notice of Commencement
Pay close attention to when you file a notice of commencement. File a notarized copy with the clerk of the circuit court before the project begins or before continuing a particular project. It must have a description, owner information, and the date of expiration. Additionally, it should be posted at the job site to be valid. Owners must make payments before it expires or the notice will be considered void.
Notice to Owner
This initial notice is required in case you may need to file a claim for nonpayment. Serve the owner this notice 45 days before performing a service or providing materials. If you fail to do so, you can lose your lien rights.
Waiver or Release of Lien
Lien waivers allow owners to keep track of lien payments. Lienors must sign and deliver the lien release in order for it to be valid. If you don’t provide a waiver, by law, payment can be withheld. A waiver prevents improper payment, liability to lienors, and having to pay for services and materials more than once.
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.