Category Archives: Construction Lien Laws
Who Gets Paid First? Construction Liens vs. Mortgages in Florida
When a Florida project runs out of money, one question surfaces fast: whose claim comes first? An unpaid contractor may hold a construction lien, while the lender that financed the project holds a mortgage. Both are secured by the same property, which is often worth less than the two claims combined. Priority decides who… Read More »
Lien Transfer Bonds in Florida: Clearing Your Title Without Ending the Dispute
A recorded lien can stall a sale, a refinance, or a construction loan draw, even when the property owner is convinced the claim is wrong. Waiting for a court to sort it out can take a long time. Florida law offers another path: transferring the lien off the property and onto security. How a… Read More »
Fraudulent Lien Claims in Florida: When Padding a Claim Becomes a Felony
A construction lien is one of the most powerful tools Florida law gives to contractors, subcontractors, and suppliers who have not been paid. It can also backfire. File a claim that is inflated or careless in the wrong way, and the consequences can go far beyond losing the lien. What Makes a Lien Fraudulent?… Read More »
Updates to Florida’s Construction Lien Law
One thing about the law is that it is always changing. That was recently the case with Florida’s construction lien law. On October 1, 2023, F.S. 713.001 was amended. General contractors working on projects in Florida should be aware of the following changes. Definitions The term “contractor” has been expanded to include architects, landscape… Read More »
New Law Means Changes are on the Way for Construction Liens in Florida
Laws are constantly changing, being updated, and amended, and frequently there are bills passed by lawmakers that directly affect Florida construction contractors. A Florida bill (HB 331) on construction liens and bonds passed both legislatures and was signed into law on June 12, 2023, by the governor. The measure includes numerous provisions on notices,… Read More »
Important Facts About Lien Priorities in Florida Construction
Construction liens are an essential tool for Florida contractors and suppliers to get paid, and there are numerous requirements you must meet to secure and enforce your interest. However, going through the steps for a construction lien is not necessarily a guarantee of payment. Under the Florida statute on priority of liens, there are… Read More »
Comparing Notices In Under Florida Construction Lien Laws
Whenever a general contractor, subcontractors, and/or suppliers work on private construction projects in Florida, they will encounter issues with construction liens. These encumbrances on property are a powerful tool to ensure payment. Liens are especially critical to protect the interests of parties who are not in privity of contract with the property owner. The… Read More »
Florida Contractor Lien Rights When Working On Leased Property
In the most basic Florida construction project, you have a property owner, developer, and contractors that all play a role in completing the job. Of course, these projects are rarely as straightforward as this description. The nature of real estate may bring many other parties into the equation, and one of the most common… Read More »
Construction Lien Deadlines In Florida: Recent Case Clarifies Notices
The nature of the US legal system means that statutes are enacted by the legislature, but the laws are subject to judicial review by the courts. At times, judges will clarify the statutory language, as Florida’s Fifth District Court of Appeal did in a recent case involving the state’s Construction Liens statute. At issue… Read More »
Top Errors That Could Invalidate A Florida Construction Lien
As a Florida construction contractor, you know that your right to payment depends on liens when you are not in direct privity with the project owner. You also know that the potential for errors abounds considering the strict rules and timing requirements under Florida’s statute on construction liens. Mistakes do not extinguish your rights… Read More »
