Florida construction lien law was created to secure the lien rights of those who have not been paid for services, labor, or material they’ve provided on a property. The law also protects owners when the contractors they’ve paid fail to pay their subcontractors and suppliers.
What You Should Know
Florida Statutes, Chapter 713 is the legislation that governs construction liens. As Miami construction lien lawyers, we want construction professionals to understand that lien law is complex. Professionals must do their due diligence to ensure they exercise their lien rights. Strict guidelines must be followed to secure payments which include meeting deadlines and lien foreclosure periods. It’s important to note that not everyone qualifies for lien rights, nor does every project qualify for lien rights. Additionally, falsifying claims is a criminal offense.
Forms You Need to Know About
To secure lien rights, you need to know what forms are required by each party and the deadline to file them. Following are some forms you should familiarize yourself with:
- Notice to Owner
- Claim of Lien
- Notice of Nonpayment
- Notice of Commencement
- Notice of Contest of Lien
- Final Payment Affidavit
- Request for Sworn Statement
Step 1: Owners must file a Notice of Commencement and place a copy of the document at the jobsite. This document will also provide vital information to those who aren’t in direct privity with the owner.
Step 2: Deliver a Notice to Owner to the property owner within 45 days of when they first provided a service, labor, or materials.
Step 3: File a claim of lien if payments have not been received 90 days after the final furnishing of labor, material, or services.
Step 4: Supply a mechanics lien to the owner.
Step 5: Enforce the lien if all requirements have been met yet a payment still has not been received a year from the date a Claim of Lien was filed.
Are Miami Construction Lien Lawyers Necessary?
Once you’ve begun the lien process and you find that you need to enforce the lien, it’s important you contact a lien lawyer. Lien law consists of numerous deadlines and requirements which can be easily missed by busy construction professionals. An expert lien lawyer can help you navigate the entire claim process so you won’t have to miss important deadlines and or forfeit your lien rights.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.