Chapter 713: Construction Liens
Chapter 713 of the Florida Statutes, a construction lien, also known as a mechanic’s lien, gives contractors, subcontractors, material suppliers, and all others in the construction industry an opportunity to recover for the nonpayment of work performed or materials supplied for the improvement of a property.
Before Construction Begins
Before an owner begins work on a construction, there are two documents that must be completed. The following are outlined in detail in Chapter 713. Hiring a Tallahassee construction lien lawyer will take the guesswork out of the mechanic’s lien process and get you own the road to recovering payments.
1. Notice of Commencement
The property owner must file this document and post it at the job site. This document will highlight all pertinent information including serving a Notice to Owner and recording a claim of lien. This document notifies the owner that services and materials are being provider by the lienor and establishes their responsibility of payment.
2. Notice to Owner
This document must be delivered by any person not in direct privity to the owner within 45 days of providing a service or supplies for a project. This document basically secures the lienor’s right to a line on the property should the owner fail to pay for services or materials rendered.
Claims of Lien
If payment is owed to a party, such as a contractor, that party has the right to the possession of the property until full payment is made. The contractor who is owed payment has the right to record a claim of lien against the property which will than make it difficult for the owner to sell the property until payment is rendered.
If a lienor does not receive payments 90 days after providing services, labor, or materials, the lienor can file a claim of lien. The lien must be filed in the same county the property located. After filing the claim, the lienor will provide the construction lien to the owner alerting them of the repercussions of not making payment.
Strict Timeline and Filing Procedures
Under Florida law, liens must be filed according to strict timelines, or the lienor will lose their right to receive payments owed to them. This is why it is extremely important to speak with one of our Tallahassee construction lien lawyers to help guide you through the mechanic’s lien process. The key to securing your lien rights is to meet every deadline required, this is where our experienced attorneys can be a valuable asset to you.
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.