Mechanic’s liens play a crucial role in the construction industry in Florida. This powerful instrument helps contractors, subcontractors, and suppliers secure payment for their work or materials. This overview will explore the basics of mechanic’s liens in Florida, their application to contractors and subcontractors, and the key aspects of the lien process.
What are mechanic’s liens?
A mechanic’s lien is a legal claim filed by someone against a property for not receiving payment for their work or materials in a construction. In Florida, these liens give contractors, subcontractors, and suppliers a way to ensure they receive payment for their work. A lien allows them to potentially force the sale of the property to recover what they’re owed.
Who can file a mechanic’s lien?
Florida’s Construction Lien Law outlines specific rights and responsibilities for construction workers, including the right to receive payment for their services. Workers who have the right to file a mechanic’s lien are:
- Direct contractors
- Subcontractors
- Material suppliers
- Laborers who are not in direct contract
To complete a lien, you must let the property owner know you’re involved. This means sending them a “Notice to Owner” within 45 days of starting work or dropping off materials. Subcontractors and material suppliers to subcontractors must also serve a copy of the notice to the contractor.
What happens next?
If payment is not received, the lienor must file a “Claim of Lien” with the county clerk’s office within 90 days of the last day of work or material delivery. The claim of lien must include details such as the amount owed, the services or materials provided and a description of the property. If the debt remains unpaid after recording the lien, the lienor can initiate a lawsuit to enforce the lien within one year of recording the claim.
Navigating the complexities of mechanic’s liens in Florida can be challenging. The process involves strict deadlines and specific documentation requirements. A minor mistake can invalidate a lien claim. Therefore, seeking the assistance of an experienced construction law attorney is often advisable for both lien claimants and property owners.
Mechanic’s liens are a vital part of Florida’s construction industry, providing security for payment to those who improve property. Whether you’re a contractor, subcontractor, supplier, or property owner, understanding and taking initiative about mechanic’s liens can help protect your rights and interests. Contact the experienced team at Bernhardt Riley, Attorneys at Law, PLLC.us, by calling 727-308-4190 or filling out our online contact form.