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. |