The Construction Lien: A Remedy for Nonpayment
The issue of nonpayment for labor and services is a major concern for construction contractors. Slow payment or nonpayment is a frequent cause of construction disputes. A lack a payment can have a negative impact on a contractor’s business, therefore, it is crucial that contractors find ways to ensure they receive prompt payment from their projects. When all else fails, contractors (including any other lienor) have every right to utilize a mechanics lien to remedy the issue.
Do You Need a Naples Mechanics Lien Law Attorney?
Florida Statutes, Chapter 713, is a tool that contractors, subcontractors, suppliers, and other lienors can use to recover payments for labor and services rendered on a private construction project. However, contractors must comply with the prerequisites of the statute for the lien to be valid. This includes a timely furnishing of notices, recording the lien, and foreclosure of the lien within specific deadlines. Lien law is complex, and it is not unusual for contractors to miss deadlines thereby forfeiting their rights. A Naples construction lien lawyer can ensure that you do not miss these deadlines.
Mistakes Contractors Make When Filing Liens
Contractors need to be strategic when dealing with their nonpayment issues. Careful attention to Florida lien law provisions is critical for preserving your rights. Contractors have lost their lien rights for a variety of reasons including:
- Being unlicensed
- Failing to file notices on time
- Failing to record a lien on time
- Failing to respond to lien notices
- Failing to file a foreclosure within a year of recording a lien
A Mechanics’ Lien Law Attorney is Critical
Unless you have been through the lien process, it can be quite confusing. The most important step in recovering your payments is the timely filing of a mechanics’ lien. You must ensure that you identify when you begin work on the project and when you stopped or completed the work. Keeping accurate records in support of your claim is essential. Your right to file a lien will not last forever. Do not take chances on payment recovery. Consult with a Naples construction lien lawyer from Cotney Construction Law to ensure you meet every requirement and deadline.
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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.