Legal Question in Construction Law in Florida

Claim of Lien

Does a notice to owner need to be filed in order to file a claim of lien?


Asked on 4/09/09, 9:34 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Claim of Lien

Don't think so.

See section 713.06, Florida Statutes.

A Notice of Commencement must be recorded, though.

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Answered on 4/09/09, 10:03 am
Frank Reilly Reilly Roche LLP

Re: Claim of Lien

It depends. If your contract is with the legal owner of the property, you do not need to file a Notice to Owner. Otherwise, Florida law requires service of a Notice to Owner on all "proper parties" within 45 days of your first day on the project. The Claim of Lien must be filed within 90 days from your last day on the project.

There is a new product called Lien Wizard that helps contractors to properly complete and process some of the most common FL lien law forms, including Notice to Owners and Claim of Liens. This software does more than just get you the forms. It guides you step by step on how to complete and process each form. It also includes date calculators, FAQs and lots of information about Florida's lien laws.

For more information or to download a free trial, please visit www.theportableconstructionlawyer.com/lienwizard. You can also Google "lien wizard". Good luck!

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Answered on 4/09/09, 12:50 pm


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