According to Florida law, those who work on property in Florida or provide materials to a construction project, and are not paid-in-full, have a right to enforce their claim for payment against the property. This claim is known as a construction lien. If the contractor fails to pay subcontractors or material suppliers, the people who are owed money may look to the property and the property Owner for payment, even if the Owner paid the contractor in full.
Notice to Owner Service Provided by The Boutty Law Firm, PA
Contractors – Protect your lien rights! Prior to filing a lien, a Contractor who does not have direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor’s name and address, and a description of the real property and the nature of the services or materials being furnished. The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials (but before owner’s final payment to the contractor). A lien cannot be enforced unless the lienor has served the Notice to Owner as described above. The Boutty Law Firm, PA provides professional legal Notice To Owner services for contractors, subcontractors and material suppliers throughout Florida.
The Boutty Law Firm will ensure that all statutory deadlines are met. If required, our office will file a Claim of Lien and follow-up with legal action to make sure you receive payment for your work. Don’t delay, your right to file a construction lien could be forever barred if you miss the deadline for filing a Notice To Owner.
Owners – Protect yourself! If you hire a contractor and the improvements cost more than $2,500, you should know that YOU may be liable if you pay your contractor and he then fails to pay his suppliers or contractors.
This means that if a lien is filed against your property, your property could be sold against your will to pay for labor, materials, or other services which your contractor may have failed to pay. Contact the Boutty Law Firm, P.A. to discuss your legal rights.
Lien Releases –
Contractors – Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Contractors should acquire lien releases from anyone who gets paid for working on a job.
Owners – A Release of Lien is a written statement that removes your property from the threat of lien. Before you make any payment, be sure you receive this waiver from suppliers and subcontractors covering the materials used and work performed on your property.
How Long Does a Lien Last?
A lien is valid for ONE YEAR, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. Protect your rights before time runs out!
Contesting a Lien
An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
If you need help filing a lien or lawsuit to enforce your Claim of Lien, or if you are a property owner who needs to remove or defend a Claim of Lien placed on your property; contact The Boutty Law Firm, P.A. today for Sensible Legal Counseling.
Contact an experienced construction law attorney today. Call The Boutty Law Firm, P.A. at 407-622-1395 or contact us online to schedule your free initial consultation with an experienced construction law attorney in our Maitland office.