Palm Beach Florida Construction or Mechanics Lien Questionnaire

State:
Multi-State
County:
Palm Beach
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

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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FAQ

Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.

While contractors you hire directly can immediately file a lien for monies due, they must provide a "Notice to Owner" within the earliest of either (i) 45 days after the commencement of work on the project or (ii) before the date of the owner's final payment to the contractor. (Florida Code § 713.06.)

Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following parties do not have any rights to file a Florida mechanics lien: Sub-sub-subcontractors (those hired by sub-subs) Suppliers to suppliers.

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.

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.

WHO CAN FILE A CLAIM OF LIEN? There are two categories of individuals that can file a Claim of Lien: persons in privity of contract with the property owner and persons not in privity of contract with the property owner.

If the supplier contracts with the property owner, Florida does not require a preliminary notice. In Florida, the deadline to file a mechanics lien is 90 days from last furnishing labor or materials to the project. The claimant must serve a copy of the lien on the property owner within 15 days after filing the lien.

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.

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.

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.

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Palm Beach Florida Construction or Mechanics Lien Questionnaire