In the State of Florida, lien laws protects contractors, subcontractors, and other construction professions and affords them the right to enforce a claim for payment against a property when an owner fails to make a payment. If you have worked diligently on a construction project but have not received payment for your labor, services, or supplies our Florida construction lawyers know that you may be wondering if it is worth it to file a mechanic’s lien. If you don’t know where to start, we’ll provide some answer to common questions people have when they are deciding if they should file a mechanic’s lien. Part 2 of our article provides more answers to common questions.
Do I Need a Lawyer?
You have a right to represent yourself; however, any misstep can cause you to lose your lien rights. Lien laws vary per state and Florida’s lien law can be complex this is why we always recommend you hire a Florida construction lawyer to help you file your mechanic’s lien. This way, you don’t have to prepare the paperwork and appear at hearings without a knowledgeable advocate on your side.
What Will a Lien Accomplish?
Filing a mechanic’s lien against a property will prevent an owner from selling or refinancing the property until the mechanic’s lien is removed.
Can Anyone File a Mechanic’s Lien
Not just anyone can file a mechanic’s lien. Generally, anyone in direct contract with an owner like contractors, subcontractors, material and equipment suppliers, and laborers can file a lien in Florida. It’s important to note that the absence of a license will void a person’s lien rights.
What Should I Do Before Recording a Mechanic’s Lien?
You must serve a Claim of Lien on the owner by certified mail, in person, or posting a certified copy on the owner’s premises before or within 15 days of recording the mechanic’s lien.
To request a consultation with one of our experienced Florida construction lawyers, please call us today at 813.579.3278 or submit our contact request form.
