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6 Steps to Lien a Construction Project in Florida
Liening a Property/Construction Project in Florida involves several essential steps. Here we have discussed all the necessary steps that are required to do the same. Read on!
Step 1: Send Your Notice to Owner (NTO)
If you have a direct contract with the property owner, you can skip this step. However, it is crucial to send an NTO to notify all necessary parties about your involvement in the project. Failure to send an NTO or sending it late can jeopardize your ability to file a lien later on. Ensure that your NTO is received by the 45th day from the start of labor or material supply to maintain its validity.
Step 2: Prepare Your Lien Using the Correct Form
Utilize the specific legal form known as the "Notice to Owner Florida," which can be downloaded from Florida Statute 713.08. Complete the form accurately, providing all required information.
Step 3: Determine the Last Day on the Job
You have a limited timeframe of 90 days from the last day you worked on the property to record a lien. To avoid any delays, it is advisable to file your lien within 60 days of the last labor or material provision.
Step 4: Identify the County for Lien Recording
Record your lien in the county where the project is located. For instance, if you worked in Miami Beach, Florida, you would record your lien in Miami-Dade County.
Step 5: Mail Your Lien via Certified Mail
Within 15 days of recording the lien, it is mandatory to mail a copy via certified mail to all relevant parties involved in the project. Failure to do so could render the lien invalid, so make sure to comply with this requirement.
Step 6: Foreclosure - Enforcing a Construction Lien:
In most cases, once you have sent your NTO and filed a construction lien, the general contractor prioritizes your payment. However, if payment is not received, you may need to initiate a lawsuit to enforce the lien. Typically, you have one year from the date of lien recording to proceed with foreclosure.
Conclusion
Filing a construction lien in Florida involves a series of crucial steps. By sending the NTO, preparing and recording the lien within the designated timeframes, and adhering to mailing requirements, you can protect your rights and pursue fair compensation. It is important to consult with legal professionals or experts familiar with Florida's construction lien laws for further guidance and to ensure compliance throughout the process.
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