Lien Law

Lien Law:

Florida Construction Mechanic’s Lien Law

When working with contractors, it is important to protect yourself from liability claims. If the job that you hired your contractor to perform is exceptionally complex, he may hire a number of sub-contractors. The arrangements, financial and otherwise, between contractor and sub-contractor are completely up to them. You, as the person receiving service, should not be concerned with their dealings.


Mechanics Lien Law

However, Florida law states that anyone who has done work on your property has the right to enforce a claim against it. This is known popularly as the Mechanics Lien law. It gives contractors and sub-contractors the right to initiate proceedings against you—at the end of which your property can be sold against your will.

If you hire a contractor to do a job that is an excess of $2,500, you should be aware of the legal implications that follow. You should always protect yourself before you get involved with any contracting firms.

Go to your lawyer and have a Release of Lien statement drawn up. Having your contractor sign this document will release your property from the threat of a lien. Before paying out any money, ensure that this waiver is signed. If your contract calls for partial payments to be made before the work is completed, ensure you get a Partial Release of Lien statement signed, which covers all workers and materials used up to that point.

You should also request that your contractor send you a list of all the sub-contractors he will be working with. This will help familiarize you with all the different entities that will be working on your property.

Before you make the last payment to your contractor, get an affidavit from your contractor that specifies all unpaid parties who performed labor, or provided services or materials to your property. You should also ensure that your contractor provides you with final releases from these parties before the final payment is made.

File a Notice of Commencement before beginning a home construction or remodeling project. You can get this form from your local authorities. You should also keep a notarized statement that the Notice has been filed, and you should keep a copy attached.

There is much that you can do to protect yourself against having claim made against your home by the people who work with your contractor. You don’t want any surprises once the work begins, in regards to the mechanics lien law or just as it is finishing. Get all of the information you need to take the appropriate steps to protect yourself.

Fortunately, it is not that hard to find such information. The best place to begin your search is on the worldwide web. Using the web will enable you to bring the various websites which contain valuable facts on this matter to your computer screen. There, from the comfort and convenience of your own home or office, you will be able to see for yourself what each one has to say. You will also be able to discern the quality and value of each site. Dealing with contractors can be a tricky business. Get all the information you need to make the right moves when implementing a mechanics lien law.

For more information on Florida Construction Liens (Mechanic’s Liens), contact our office at: 305 -341-3545.

Contact Us today