If you conduct business in the construction industry, you should be familiar with Florida’s Construction Lien Law and the multi-step filing process that comes along with it. The law serves to protect homeowners, contractors, sub-contractors, engineers, architects, and material providers in the distribution of and receiving of payments on permanent improvement to privately held real-estate property. However, as a contractor, managing multiple projects, it can be very easy to miss a lien deadline and forfeit all rights to recover payments. For this reason, it is highly beneficial for construction professionals to partner with a construction lien lawyer in Sarasota, who can manage the lien process as it is defined within the Florida Statutes.
Construction Lien Filing Process
Step 1. Filing the Notice to Owner
Within 45 days of first furnishing service or delivery of materials, your Sarasota construction lien lawyer will draft, record, and deliver a “Notice to Owner,” which notifies the owner of the property of your company’s role in the construction project and allows them to verify that payments are distributed to the appropriate parties as their payments are made to the general contractor. If payments are not received and the “Notice to Owner” was not filed within the 45 day filing period, you will not have an opportunity to exercise your lien rights.
Step 2. Filing a Claim of Lien
The “Claim of Lien” informs the property owner that a lien may be placed upon their property. While this is the step prior to filing a construction lien, this does not necessarily mean payments are purposely being withheld, but instead, is meant to inform the owner of their responsibility to ensure payments are distributed to the appropriate parties with each future payment to the general contractor. This document is to be filed with the county Clerk where the property is located and then served by your construction lien lawyer in Sarasota within 15 days of filing.
Step 3. Filing the Lien
For up to one year after filing the “Claim of Lien,” your firm will have the opportunity to file the lien, which could ultimately lead to the foreclosure and sale of the property to pay parties, who supplied service and materials for the project. Enforcing the lien is a worst-case scenario, but if payments are not received, this will be the final step of the lien filing process, unless a “Notice to Contest” is filed by the owner of the property. If you get to this point in the lien process, it is essential to seek representation to argue your case and prove that all appropriate lien steps have been taken.
Construction Law Experts from Cotney Construction Law
Don’t forfeit your lien rights by missing a deadline. Let the Sarasota construction lien lawyers at Cotney Construction Law successfully manage the lien process on your behalf, so you can focus on your business.
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.