Understanding the Florida Mechanics Lien Filing Process
Experienced Florida Construction Lawyer to File Your Mechanic’s Liens:
Unlike other websites or services that process mechanic’s liens by non-lawyers, every mechanic’s lien is reviewed, prepared, and ushered through the whole process by Mr. Noam J. Cohen, Esq., a licensed Florida attorney experienced in construction matters.
Any general contractor, subcontractor, or material/equipment supplier who does not have a direct contract with the owner, whether verbally or in writing, must serve a Notice to Owner/Notice to Contractor pre-lien notice within 40 days of first furnishing your labor or materials. Service is perfected by certified mail.
Florida Mechanics Lien Filing
Who can Serve?
Virtually everyone in the construction chain of command may serve a Florida mechanics lien filing, including generals, subs, suppliers and design professionals.
A Florida mechanics lien can be filee within 90 days of your last or final furnishing of labor or materials to the construction project.
Where is the Lien Recorded?
The lien is recorded with the clerk’s office of the County in which the property is located. The clerk’s office acts as the recorder.
How is it Served?
Unlike a lawsuit which must be personally served or hand-delivered, the Florida mechanics lien filing can be served on the owner and your customer by certified mail. Typically on the same day in which you send your lien to the clerk’s office, a copy is also sent by certified mail.
Amount of the Lien?
You can only include the unpaid amounts for services performed up until the date of recording the lien. For example, if you are improperly terminated from the job, you cannot include future unpaid services. Change orders, whether in writing or not, should also be included.
You can also receive the recording fees and pre-judgment interest. However your time and expense, damages, as well as attorney’s fees, cannot be included in the mechanic’s lien itself.
Best Collection Device—Ever.
Contractors and suppliers are constantly making demands for payment from customers, and many cases extend well over 30 to 60 days. You know the drill–calls are made, updated invoices sent, follow-up requests generated and then formal demands. In many cases, payment is still not forthcoming.
As soon as you file a Florida mechanics lien, everything changes. You are suddenly taken seriously. It is the best way to collect unpaid money for labor, materials, and equipment supplied.
Remember also that contractors and suppliers are “special” in terms of collection. Anybody else has to bring a small claims action or a breach of contract lawsuit to collect his monies. But only a contractor or vendor of construction materials or equipment can file an actual lien against the property. Take advantage of that special device.
Quick Professional Service:
We realize that in many cases, you are literally days away from the deadline in filing a Florida mechanics lien. For this reason, most of our liens are prepared and sent out for recording and service within 48 hours. This is because missing a time deadline is unforgiving: even being late one day will make your mechanic’s lien unenforceable.
Block Sale of the Property or Refinance:
Once the Florida mechanics lien is recorded as a matter of public record, it will by definition prevent the sale or refinance of the property. This provides the extra leverage to effectuate a settlement.
PRICING: $500.00 per lien, plus filing fee and certified mail. Includes professional title search through a national title company, address verification, name verification, project verification, notarization, any calls to the clerk’s office, as well as consultation during the process.
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