Legal Question in Construction Law in Florida

Re: Mechanics Lien

Because we do not have all of the facts, we can only offer you some general suggestions. For legal advice applicable to your particular situation, we recommend that you contact a construction attorney as soon as possible and prior to actually filing your Claim of Lien.

Your message is unclear as to whether you are a general contractor, subcontractor or sub-subcontractor. Most of the lien law basics to consider depend on your contractual role on the project. The valuw of work performed also determines whether you have lien rights. Assuming you are a licensed general contractor who performed enough work to give you lien rights, a summary of the basic steps to take are: (1.) Verify ownership of the property. This can be done by examining:(a.)The Notice of Commencement. If none is available, then examine: (b.)The Building Permit, and (c.)The Property Records, usually available from the Clerk of Courts in the County where the property is located. If you find a discrepancy as to ownership of the property, send all notices to all addresses you have on file. Always send all important lien law notices by certified mail, return receipt requested. Be sure to keep your �green cards� so you can prove actual delivery. Remember, filing a Notice of Commencement is mandatory and it should be clearly posted at the jobsite. If you are contracting directly with the legal owner of the property, you do not need to serve a Notice to Owner. (2.) A General Contractor�s Claim of Lien must be recorded in the County where the property is located within 90 days of the last day on the job. (3.)A copy of the Claim of Lien must be served on the owner and all additional parties mentioned in the Notice of Commencement within 15 days of recording. (4.)The Contractor�s Final Affidavit must be served at least 5 days prior to filing suit to foreclose on the lien. (5.)The lien foreclosure action must be filed within one year of the date the Claim of Lien was filed.

If you did not perform your work as the general contractor, please re-post your question and indicate you contractual role in the project.

We hope you find this information helpful. If you have any further quetions, please do not hesitate to give us a call at (954) 229-1008. Best of luck to you.

Sincerely,

REILLY ROCHE LLP

Frank Reilly

Re: Mechanics Lien

The filing of a "claim of lien" (the term mechanic's lien is no longer used) is very specific and must be done precisely in accordance with the statute. Too many times, the failure to comply with the statute renders the lien not only fraudulent and thereby void, but may subject the lienor to paying attorneys fees and costs (see, Fla. Stat. section 713.31, and 713.29). Furthermore, it may also subject you to an action for disparagement/slander of title. Give me your fax number or e-mail and I will have you complete a questionaire, of questions that need to be answered in order to determine your potential lien rights and process your claim of lien.