At the center of a successfully operating construction business is the assurance that payments will be received for work completed or materials provided. Unfortunately, this is not always the case, and it becomes necessary to exercise lien rights. This process, however, begins long before the missed payment to qualify. The guidelines found in Chapter 713 of the Florida Statutes also leave no room for error, so it is imperative that eligible parties meet these deadlines, or seek out the assistance of an Orlando mechanics lien law attorney who can manage this process on behalf of their business.
Construction Lien Law Process
The multi-step lien process begins with the filing of the Notice of Commencement by the property owner, and the placement of the document at the jobsite. If you are not in direct contract with the owner, this document will provide information about the property, project, owner, financial institution, and general contractor. The next document involved with the lien process is the Notice to Owner, which is provided to the property owner within 45 days of first furnishing of labor, services, or materials. This document tells the owner that you or your business is supplying services, materials, or labor and notifies them of their responsibility to ensure payments are made.
Within 90 days of the final furnishing of labor, services, or materials, you or your Orlando construction lien lawyer must file a Claim of Lien, if payments have not been received. This document is supplied to the owner and notifies them that a lien may be placed against their property. If all lien requirements have been met and payments have still not been received one year from the date of the filing the Claim of Lien, the lien may be enforced. At this point, if you have not sought out representation, it is imperative to speak with an experienced mechanics lien law attorney in Orlando to assist you through the enforcement process.
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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.