Legal Question in Construction Law in Florida

Florida Construction Law Lien Question:

If the general contractor has a lien and numerous subcontractors also have liens, with a lot of overlap in the work forming the basis of the GC and subcontractor liens, how does the owner go about "bonding out" the liens under Fla. Stat. 713.24 in order to clear the title. Specifically, if the owner bonds out the GC, will the subcontractor liens still cloud the owners title insofar as the lien is for the exact same work that the GC's lien was for? This would seem really unfair to the owner if he would have to bond out twice for the same work.

Thanks for your help everyone.


Asked on 9/26/09, 10:41 am

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

In a situation like this when you bond out the lien of the GC, the other liens will still cloud the title. You will need to petition the court to remove the remaining liens on the basis they are covered by the GC's lien and show evidence they are covered by the GC's lien on the project. The other option is to have a bond in place that covers all of the liens filed but this would probably be more costly than filing the petition to the court. At the time you move forward and find you need assistance, please do not hesitate to contact us if we can be of help.

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Answered on 9/26/09, 3:41 pm


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