About Florida’s Mechanics Lien Laws:
Each State Is Different.
You may potentially put yourself at risk when you decide to refurbish, redesign, or otherwise improve your home. Doing so will inevitably involve workmen—perhaps a great many firms and companies that will each be given a part to play. A complexity of business and financial arrangements are part of the work itself. Although it should be up to the primary contractor you hire to ensure that all the vendors and sub-contractors he hires are properly paid, things do not always work out that way.
- Contractors must deliver a preliminary notice, in regards to the mechanics lien law, also known as a Notice to Owner, soon after providing labor or materials. If this is not done, then they lose their lien rights. The law states that all those not directly contracted by you, as the property owner, must serve a Notice to Owner within forty-five days of delivering labor or other materials to the project. The only exceptions to this rule are individual wage earners and architects, engineers, and other such specialists.
- Mechanic’s Lien claimants in Florida have ninety days from the last day they provided labor to serve their claim. Equipment rental companies should submit their lien claim on the last day the equipment was onsite and used by the parties involved in the work.
- Not everyone has the right to claim a Mechanic’s Lien. The only persons authorized to do so are: sub-sub-sub contractors (those hired by sub-subs), suppliers, and maintenance workers.
- The claimants should not exaggerate the costs they are claiming they are owed. This can lead to the dismissal of the suit.
- Claimants should know the deadlines of when they need to file. If deadlines are not strictly met, the claims will be dismissed.
These are the kinds of things that your contractors will know, and you should also be aware of. Fortunately, it is not that hard to get information on Florida’s Mechanics Lien laws. The best place to begin your search is on the worldwide web. Going to the web will allow you to get the most accurate and up-to-date information on how the statues work. It is important that you be proactive in protecting yourself against the prospect of being sued by any of the workers or firms you hire. Arming yourself with sound knowledge about Florida’s laws on this matter will allow you to consult with an attorney and take the necessary measures to head off the possibility of a suit.
For more information on Florida Construction Liens (Mechanic’s Liens), contact our office at: 305 -341-3545.