Legal Question in Real Estate Law in Florida

Re: Property lien, work ordered by potential buyer

Based upon the information provide, the architect can file a lien. It will probably be invalid. I suggest the lien be bonded off and demand be made to the architect to bring suit within 60 days or lose all rights. I am not addressing other remedies that may be available to the owner. You should consult with an attorney. If you are in my vicinity, call me at 305-940-8080.

The reason for bonding off the lien is to shorten the time for the architect to act and to avoid a claim for attorney fees to the substantial prevailing party in an action to foreclose the lien.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave

Property lien for work ordered by non-owner.

Q. House for sale, buyer enters into a contract

for purchase with contingency that buyer can build

an additional structure. Buyer orders architectural

services. Buyer defaults on contract having made

no deposits to escrow and no payments for

architectural services. Architect sends Notice to

Owner stating services were ordered by "potential

buyer," then threatens owner with construction

lien if owner does not pay for architectural

services in full, including a retainer fee not

collected from the buyer. Can the architect

attach a lien on the property, even though services

were not contracted by the property owner?

A. The architect can file a lien; that does not

mean he will be sucessful in enforcing it. You can

file a notice of contest and force him to either

file suit or give up his "claim of lien". Normally

only an owner or HIS AUTHORIZED AGENT can contract

for work done on the land. The owners involvement

would be a factor to consider. The owner can

counterclaim for fraudulent lien and sue the architect.

No owner should sigh a contract without getting a

sizeable deposit. Neither should a architect do

work without a deposit retainer.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East