Legal Question in Construction Law in Florida

Re: steps to file a lien

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: I think Mr. Jerald wrote a good general summary of the lien law. However, there may be exceptions and defenses to your liens which would need to be explored prior to even considering filing a lien. If you want to file a lien yourself, with the above caveat in mind, feel free to use our free forms at: www.theconstructionlawyers.com and click on "claim of lien" Good Luck,

Randall Gilbert

Re: steps to file a lien

THIS IS NOT LEGAL ADVICE.

It depends. If you are working directly for the owner then you need to record a Claim of Lien in the public records of whatever jurisdiction the work was performed in. This must be done within 90 days from the last date that you worked on or delivered materials to the project. The Claim of Lien must also be served on the Owner via certified mail, return receipt requested. Once the lien is properly recorded you have one year during which to file a lawsuit to foreclose the construction lien if you are not paid. In any event, the Owner does not have to sign anything, however, you will have to provide him with a COntractors Final Payment Affidavit at least 5 days before bringing a lawsuit against him to foreclose the construction lien.

If you are working as a subcontractor then you must serve a Notice to Owner on the owner witihn 45 days of beginning work on the project. Then you must also file and record a Claim of Lien, as set forth above, within 90 days of last furnishing work or materials on the project.

I would advise, however, Florida's construction lien laws are complicated and confusing and are strictly construed by courts. I wouldd strongly suggest consulting with an attorney to make sure that you properly preserve your lien rights. Usually, these filings can be done for minimal cost.

Re: steps to file a lien

THIS IS NOT LEGAL ADVICE.

It depends. If you are working directly for the owner then you need to record a Claim of Lien in the public records of whatever jurisdiction the work was performed in. This must be done within 90 days from the last date that you worked on or delivered materials to the project. The Claim of Lien must also be served on the Owner via certified mail, return receipt requested. Once the lien is properly recorded you have one year during which to file a lawsuit to foreclose the construction lien if you are not paid. In any event, the Owner does not have to sign anything, however, you will have to provide him with a COntractors Final Payment Affidavit at least 5 days before bringing a lawsuit against him to foreclose the construction lien.

If you are working as a subcontractor then you must serve a Notice to Owner on the owner witihn 45 days of beginning work on the project. Then you must also file and record a Claim of Lien, as set forth above, within 90 days of last furnishing work or materials on the project.

I would advise, however, Florida's construction lien laws are complicated and confusing and are strictly construed by courts. I wouldd strongly suggest consulting with an attorney to make sure that you properly preserve your lien rights. Usually, these filings can be done for minimal cost.