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 key for subcontractors seeking to protect their interests is the Florida Construction Liens statute, which requires different notices to establish and enforce lien rights.
There are also deadlines associated with these notices, as well as other actions a subcontractor may need to take to get paid. If you do not meet all requirements, you may not have lien rights to enforce. When you have help from a Florida construction liens lawyer, you can provide services and materials according to the contract without worrying that you will need to chase down payment. Some background about the required notices is also informative.
Understanding Notices in Florida Construction Law: The reason behind requiring notices is fairness among the parties, which starts with communication. The property owner who deals directly with a GC may not deal with or even know about lower tier subcontractors. Notices provide basic information about who is working on the construction project and will expect to be paid. Some of the most important ones include:
- Notice of Commencement: This is a form that is published in the county where the property is located, notifying the public that a construction project is beginning. It will contain information on the people and companies involved with the project, including the GC, owner, and lender.
- Notice to Owner: Subcontractors who do not have a direct contract must provide this document to the owner within 45 after providing services or materials.
- Notice of Filing Construction Lien: Within 90 days after last providing labor or supplies, a subcontractor must file the lien with county officials. Then, within 15 days thereafter, the subcontractor must forward a copy of the lien to notify the owner.
- Notice of Contest of Lien: The default rule is that a party must sue to enforce the lien within 1 year after filing it, but this deadline can be shortened by the owner. The property owner can contest the lien by filing this notice, in which case the subcontractor has 60 days to enforce.
Content of Construction Liens: With all statutory notices, it is important to include all appropriate information and ensure its accuracy. There can be consequences for providing false or misleading statements on a claim for lien. Besides contact information for the relevant parties, you will need details on the property location, first and last date of furnishing services, the amount you are owed, and many other facts.
Discuss Details About Required Notices with a Florida Construction Liens Attorney
It is useful to review some basics about the various notices required to secure payment via a construction lien. For more information about your unique circumstances, please contact Linkhorst & Hockin, P.A. You can set up a consultation at our offices in Jupiter, FL by calling 561-626-8880 or visiting us online. Once we discuss your situation, a construction liens lawyer can explain additional points.