Construction liens serve as powerful tools for contractors and suppliers to secure payment for their work on Florida properties. The process of filing or removing a construction lien involves specific legal requirements and strict deadlines that can impact your rights.
Knowing these requirements can help you protect your interests whether you’re a contractor seeking payment or a property owner facing a lien claim. The Florida Construction Lien Law provides the framework for these claims while establishing the rights and responsibilities of all parties involved.
What you need to know before filing a construction lien
Before taking action to file a lien, you should grasp the basic requirements and limitations that apply to your situation. Florida law establishes specific criteria for valid construction liens. Here are the key requirements to consider:
- Notice to Owner: You must serve a Notice to Owner within 45 days of first providing materials or services to the project
- Written contract: Your lien rights depend on having a valid written agreement that outlines the scope and payment terms
- Proper licensing: Only properly licensed contractors can file valid liens for their work
- Timeline requirements: You must record your lien within 90 days of last providing services or materials
- Documentation: Maintain detailed records of work performed, materials supplied and payment history
How to protect yourself from invalid liens
Property owners and contractors alike need to understand their rights when dealing with construction liens. These steps can help protect your interests and resolve lien disputes effectively. Consider taking these protective measures:
- Research the contractor’s licensing status
- Request lien releases for each payment
- Review all notices and deadlines carefully
- Document any construction defects or delays
- Keep detailed records of all payments made
A clear understanding of construction lien laws can save time and money while protecting your rights. Experienced construction law professionals can help you manage these complex requirements and resolve payment disputes with ease.