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FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.
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.
Florida contractors and suppliers must generally send a preliminary notice within the first 45 days on a construction project. In Florida, preliminary notice is called a Notice to Owner, or NTO.
By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.
Your Florida NTO is not considered valid unless it is received by the 45th day, which means you must leave time for the NTO to reach not only the owner, but all required recipients.
Protect Yourself and Your Investment According to Florida law, those who work on your property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
A Florida mechanics lien must be in the proper format and filed in the county recorder's office in the county where the property is located within the required timeframe. To record a lien in Florida, you will need to bring your completed Claim of Lien form to the recorder's office and pay the filing fee.
In Florida, your Notice to Owner needs to be mailed within 45 days of when you completed your service or when you last received a payment. The notice must be served on the owner before filing the lien or within 15 days after you have filed the lien.
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.