Florida Mechanic’s Liens FAQs
Working in the construction industry can be frustrating. Contractors and laborers may do a lot of work on a property, only to face payment issues from customers. They may refuse to pay simply because they’re short on money or maybe they have an invalid reason.
It does not matter. A person who has performed work on a construction project has the right to get paid, under Florida law. If you are facing payment issues, see how you can get proper payment with the help of a mechanic’s lien. Here’s a look at some questions that are commonly asked about the process.
Q: Who is allowed to file a mechanic’s lien in Florida?
A: Direct contractors, subcontractors, material suppliers, equipment lessors, and laborers are allowed to file a lien. So are design professionals such as architects, engineers, and surveyors.
Material suppliers are also allowed to file a mechanic’s lien in Florida. However, the suppliers need to be supplying materials directly to contractors.
Q: Can an unlicensed contractor file a mechanic’s lien?
A: No. Florida is very strict about contractors needing a license to perform construction work as well as file a mechanic’s lien. In fact, those performing work without a license are subject to fines and/or criminal penalties.
Q: What must I do before filing a mechanic’s lien?
A: You must first meet the deadlines. Subcontractors, laborers, and suppliers must provide a Notice to Owner by: (a) 45 days after first providing labor or materials; (b) 45 days when work begins on making specialty materials; (c) Before owner’s final payment to the prime contractor, whichever is earliest. In Florida, the deadline to file a mechanics lien is 90 days from last furnishing labor or materials to the project. An enforcement action must be initiated within one year of the lien being filed.
Q: What must the lien contain?
A: The lien must contain the following text:
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
The mechanic’s lien must also contain the following information:
- Lien claimant’s name & address
- Hiring party’s name and address;
- Property description
- Owner’s name
- Total contract price
- Description of the services or materials furnished
- First and last date of furnishing labor and/or materials to the project
- Amount claimed
- Date and method of service that preliminary notice was provided to the property owner
Contact Us Today
When contractors, subcontractors, and suppliers are not getting paid for work completed, they do have legal options under Florida law. However, they do need to meet the guidelines and deadlines.
Having issues with your construction project? See how a Florida construction lien lawyer from Linkhorst Law Firm, P.A. can assist you so you get paid what you deserve. Call 561-626-8880 or fill out the online form to schedule a consultation.
Source:
levelset.com/mechanics-lien/florida-lien-law-faqs/
