Do you know everything you need to know about Florida construction lien law? Below are some FAQ and answers that may give you exactly what you are looking for. Remember, at Wetherington Hamilton, P.A. we can help you in all areas of Construction Law.
What property can be liened? Liens can only attach to privately owned real estate. Government owned property is exempt from construction liens.
What services are lienable? In order for a lien to be filed the service must be related to the permanent improvement of privately owned real estate. This includes most services used to improve a property and most identifiable materials incorporated into a project whether the work was performed pursuant to a written contract or oral agreement. Services that do not provide a permanent benefit to the property, such as lawn care, are not lienable.
What Notice needs to be given? If there is a contractual relationship A notice to owner must be served on the owner within 45 days after providing the services or delivery of the goods. Failure to provide such notice can result in forfeiture of your right to file a lien for unpaid work. Keep in mind that the statue requires the owner to receive the notice within 45 days from the date the work was started on the jobsite or materials were delivered, unless professional services were provided, or as a laborer, unless it was mailed, by certified mail, return receipt requested, no later than 40 days after delivery of materials or commencing to provide services.
When should the lien be recorded? A Claim of Lien must be recorded within 90 days of the construction services provided, whether they are labor or material. A copy of the Claim of Lien must be served on the owner within 15 days from the date it is recorded. After serving and recording a Claim of Lien, the lienor must file a lawsuit to foreclosure the claim of lien within 1 year from the date it was recorded. However, if a “Notice of Contest of Lien” is filed by the owner, the lienor only has 60 days to file suit after the Lien is recorded. If a suit is not filed within the 1 year or 60 day deadlines (depending on the situation) the Claim of Lien is subject to dismissal.
By Attorney Kalei McElroy Blair