Protect Your Investment!
An Owner's Guide to Florida's Construction Lien Laws
By Myrnabelle Roche, Esq.

Under Florida law, those who work on real property or provide materials have a right to enforce claims for payment against the property if they are unpaid. This type of claim is known as a construction lien. Under Florida law, the property may be subject to a lien even if the owner has already paid the contractor in full. This may sometimes result in the owner having to pay twice for the same work. If a construction lien is not paid, the improved property may be sold to satisfy the debt.

Don't let this happen to you!

Here are some tips on how to avoid the recording of liens against your property.

Before the work actually starts:

  • Review your contract.  This includes the plans and specifications.  Check for important information such as contact information, description of the work (including material specifications), payment information, change orders, commencement date, termination date, insurance and warranties.
  • Verify that your contractor is properly licensed.  The State of Florida now has licensing information available online at http://www.myfloridalicense.com.
  • Always file a Notice of Commencement before construction begins. Notice of Commencement forms are available at your local building department. Once completed, the Notice of Commencement must be recorded with the Clerk of the Circuit Court in the county where the property is located (If you are getting financing, consult with your lender before recording your Notice of Commencement.) You must also post a certified copy of the Notice of Commencement at the jobsite.
  • Make sure your contractor secures a building permit.
  • Request from your contractor via certified mail a list of all subcontractors and suppliers with whom he has contracted to work on your property.
For more information, please call us at (954) 229-1008.