Florida Construction & Mechanics Lien Attorney

Construction liens, also known as mechanics liens, serve as a powerful solution for unpaid dues, yet it’s essential that they are accurately prepared and filed to ensure their enforceability.

The construction lien attorneys at Di Pietro Partners have decades of experience representing property owners, contractors, and sub-contractors with filing mechanics liens and resolving disputes under Florida’s Construction Lien Law.

How Our Construction Lien Lawyers Can Help

Our construction lien lawyers offer invaluable support by guiding clients through the complexities of Florida’s Construction Lien Law with expert knowledge and strategic advice. They assist in the meticulous preparation and filing of liens, ensuring all legal requirements are met to maintain the enforceability of the lien. This extends to representing clients in negotiations and litigation, aimed at resolving disputes over lien validity, the amounts claimed, or compliance issues.

By leveraging our comprehensive understanding of construction law, our attorneys work to protect your financial interests, whether you’re a property owner, contractor, or subcontractor, ensuring that your rights are upheld throughout every phase of the construction and legal process.

Florida Construction Lien Law

Florida’s Construction Lien Law, encapsulated within Chapter 713 of the Florida Statutes, is a comprehensive legal framework designed to protect the financial interests of those who contribute labor, services, or materials to improve real property. This law delineates the procedures for placing a lien on property, enforcing it, and the necessary notifications required.

Prior to filing a lien, or within 45 days of commencing work or delivering materials, subcontractors and suppliers must serve the property owner with a Notice to Owner. This document informs the owner of the services provided and the potential for a lien.

Who Can File a Florida Construction Lien?

In Florida, the scope of entities eligible to file a construction lien encompasses a broad range of participants in the property improvement process. This includes not only the main contractors who hold direct agreements with the property owners but also extends to subcontractors brought on board by the main contractor to complete specific parts of the project.

Additionally, laborers who contribute their work and material suppliers who furnish materials necessary for the construction or improvement of the property can file liens. Beyond these, professionals such as architects and engineers, whose services are crucial in planning and executing construction projects, also have the right to secure their financial interests through construction liens.

This inclusive approach ensures that nearly everyone contributing to the enhancement of a property’s value is protected under Florida’s Construction Lien Law, provided they adhere to the specified legal requirements and timelines.

Here’s a few examples of who can file a Florida Construction Lien,

  • Contractors
  • Subcontractors
  • Laborers
  • Material Suppliers
  • Architects
  • Engineers
  • Property developers
  • Individuals or entities that have provided services or materials towards the improvement of a property.

Timeline for Filing a Florida Construction Lien

A lien must be recorded within 90 days from the last day of providing labor, services, or materials.Also, a legal action to enforce the lien must be initiated within one year from the lien filing date, although this period can be shortened by the property owner through a Notice of Contest of Lien.

Eligibility for Filing a Lien

Who Can File? Contractors, subcontractors, laborers, material suppliers, and professionals (such as architects and engineers) who have provided services or materials towards the improvement of a property.

Notice to Owner: Prior to filing a lien, or within 45 days of commencing work or delivering materials, subcontractors and suppliers must serve the property owner with a Notice to Owner. This document informs the owner of the services provided and the potential for a lien.

Timeline for Filing a Florida Construction Lien

A lien must be recorded within 90 days from the last day of providing labor, services, or materials.Also, a legal action to enforce the lien must be initiated within one year from the lien filing date, although this period can be shortened by the property owner through a Notice of Contest of Lien.

Requirements for a Valid Construction Lien

Lien Content: The lien must include a description of the labor, services, or materials provided, the contract price or value, the property description, and the owner’s name.

Sworn Statement: The claimant must sign the lien document under oath, affirming the correctness of the claim.

Priority of Construction Liens

Florida Construction Liens generally have priority based on the date of recording, but there are nuances. For example, liens for labor performed directly for the owner can take priority over other liens recorded later.

Releasing a Construction Lien

A lien can be satisfied by payment, at which point a Satisfaction of Lien must be recorded.

Property owners can also file a Notice of Bond to transfer the lien from the property to a surety bond.

Exemptions and Limitations

Certain properties, like those owned by governmental entities, may be exempt from liens.

There are also limitations on the amount that can be claimed, particularly for subcontractors and suppliers not in direct contract with the owner.

Florida Construction Lien Disputes and Enforcement

In Florida’s construction industry, lien disputes and enforcement are complex areas often fraught with legal challenges. These disputes typically center around the legitimacy of construction liens, differences over the claimed amounts, or issues related to compliance with Florida’s specific statutory requirements. In short, disputes may arise over the validity of liens, the amount claimed, or compliance with statutory requirements.

When it comes to enforcing a lien, the process generally entails initiating legal action, during which the lienor must prove the lien’s validity. This can lead to the potential sale of the involved property to settle the unpaid debt. Enforcing a lien involves filing a lawsuit, proving the validity of the claim, and potentially leading to the sale of the property to satisfy the lien.

A construction lien attorney plays a pivotal role in navigating these disputes and the enforcement process. They offer expert guidance on the procedural steps required to enforce a lien, ensuring all legal prerequisites are met, such as proper notification and timely filing. Their involvement is crucial in addressing disputes over lien validity, where they can provide evidence to support the legitimacy of the lien or contest unjust claims on behalf of property owners.

Florida Construction Lien Forms

The Florida Construction Lien Law encompasses several forms, each serving a distinct purpose within the construction process to protect the rights and financial interests of parties involved.

Notices of Commencement – This document formally begins the construction project under Florida law. It includes details about the property, the owner, the contractor, the lender (if applicable), and the project’s description. Filing a Notice of Commencement with the county recorder’s office helps to clarify the start date of the project, which is essential for determining deadlines for other lien-related documents. It also informs potential lienors that the project is underway.

Notices to Owner (NTO) – Subcontractors, material suppliers, and other parties not in direct contract with the property owner use this form to inform the owner of their involvement in the project and their right to file a lien if not paid. Serving a Notice to Owner is often a prerequisite for these parties to secure their lien rights. It must typically be delivered within 45 days of beginning work or delivering materials to the project.

Sworn Statements of Account – This document provides a detailed account of the services or materials supplied, the contract amount, payments received, and the outstanding balance. It is often presented to the property owner upon request. The Sworn Statement of Account supports the claimant’s lien amount by itemizing the value of contributed work or materials and serves as a formal demand for payment.

Lien Releases – Once a party receives payment for their services or materials, a Lien Release form is issued to the property owner, effectively removing the lien or the right to claim a lien for that portion of work or material. Lien releases protect owners from double payment for the same services or materials and are crucial for clearing the property title.

Payment Bonds – A payment bond is a type of surety bond posted by the general contractor which guarantees payment to subcontractors and material suppliers. In projects where a payment bond is posted, lien rights are transferred from the property to the bond, offering an alternative remedy for unpaid parties and reducing the owner’s risk of liens against the property.

Claims of Lien – This legal document is filed with the county recorder by a party who has not received payment. It outlines the value of labor or materials provided, identifying information about the property, the owner, and the claimant. Filing a Claim of Lien secures the claimant’s interest in the property as collateral for the unpaid work or materials, initiating the process to enforce payment through legal means.