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Florida Construction or Mechanics Lien Questionnaire

Category:
Liens - Construction - Mechanics
State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Construction or Mechanics Lien Questionnaire
  • Preview Construction or Mechanics Lien Questionnaire

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How to fill out Construction Or Mechanics Lien Questionnaire?

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FAQ

How to Put a Lien on a Property in Florida File a Florida Notice to Owner. ... Record the Lien with the Local County Clerk. ... File an Amended Lien Claim if Necessary. ... Enforce the Lien Against the Property Owner. ... Discharge or Release the Lien Once Paid in Full.

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

Who can record a lien. Those who can record a lien include tradesmen like roofers, electricians, and plumbers. Judgments are also liens along with Uniform Commercial Code Financing Statements or UCC-1 statements. But they must be properly recorded and filed in the right place.

Filing your mechanics lien with the project's county recorders' office can cost between $95 and $125, depending on the project's location. You'll have to visit the project's county clerk's office in Florida as well. Filing your own lien in Florida has varying costs.

Written Release of Lien: Owners have the right to request a legal statement in the contract that forbids a construction lien being filed against their property. It's recommended to include a clause mandating such before any final payments are made.

Mortgage liens usually take priority over any other lien except tax liens.

With that in mind, Florida's lien law generally allows contractors, as well as subcontractors, laborers, certain design professionals, sub-subcontractors and material suppliers to file a Florida mechanics lien.

Yes, in the state of Florida you can file a Mechanics lien for nonpayment if you have a direct agreement (whether verbal or written) with the owner of the property.

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