It’s vital that all contractors are aware of their lien rights, and know how to protect them. To understand lien rights, a contractor must know what the rules are when it comes to construction liens. In this article we will discuss lien rights, and the rules that accompany them.
When Should A Contractor Record The Lien?
Every contractor should know that they are required to record a Claim of Lien within 90 days from the final date they worked or supplied materials for a job. In addition to that, the contractor will need to deliver a copy of that Claim of Lien to the owner within 15 days from the date the contractor recorded it. After those steps have both been completed, the contractor, with the help of their Jacksonville construction lawyer, will then need to file a lawsuit to foreclose the Claim of Lien within 12 months from the date the Claim of Lien was recorded. However, keep in mind that if the owner serves a contractor a Notice of Contest of Lien, that a 12 month time period is shortened to just 60 days. If the contractor is unable to file a lawsuit within these time frames, their Claim of Lien has the right to be rejected.
What Property Can Be Liened?
As Jacksonville construction attorneys, we are aware that liens are only able to be linked to private properties. Any contractors that provide labor or material for the construction is allowed to claim a lien on the property for the value of the labor or materials they provided.
What are the Licensing Requirements?
For a contractor to be eligible to file a Claim of Lien on a private property, they are required by Florida law to be licensed. When the owner receives a contractor’s Claim of Lien, they are allowed to check to see if the contractor is licensed to perform the work that was done. The owner can contact the Florida Construction Industry Licensing Board (CILB) to check on the licensing, and if it ends up that the contractor was unlicensed, the lien will immediately be thrown out.
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.