Legal Question in Business Law in Florida

Re: Payment For Professional Services

All contracts, even verbal agreements (unless they violate the statute of frauds) can be enforced against the defaulting party. In addition, contracts for design and construction can also be enforced as a lien against the subject property IF THE CONSTRUCTION LIEN LAW is strictly complied with by the lienor. If the amount is substantial you should call your attorney to see about timely filing a claim of lien. If the amount is not significant, you could file a claim yourself without an attorney in small claims court.

Re: Payment For Professional Services

Under Florida's Construction Lien law, the architect may file a Claim of Lien and he/she should do so as early as possible or risk that his/her lien position will be behind other lienors yet to perform any work. If the architect's contract is directly with the owner, no Notice to Owner is required. Timing is key in this area and there are critical time periods which need to be followed closely (from a practical viewpoint, your negotiation strength for payment peaks just prior to the construction loan closing for the project). Contact an attorney in your area as soon as possible to protect your rights.