Construction Liens

Yes, Florida law requires Mechanics Liens to be notarized.

Missing the deadline typically results in the loss of your lien rights.

The lien must include the property owner’s name, your name, a description of the work, the amount owed, and a legal description of the property.

Property owners can contest a lien by filing a lawsuit to challenge its validity.

A Mechanics Lien can take priority over mortgages and loans recorded after the lien’s effective date.

By serving a Notice to Owner (NTO) and filing a Mechanics Lien if necessary.

a. Subcontractors and suppliers must serve a Notice to Owner (NTO) within 45 days of first furnishing labor or materials.

b. Mechanics Lien Filing Deadline is 90 days from the last day you provided labor or materials to the project

‍

If contested, the enforcement deadline is shortened to 60 days, and the lien claimant may need to file a lawsuit to enforce the lien.

Once payment is received, the lien claimant must file a lien satisfaction with the county recorder’s office.

To enforce a Mechanics Lien, you must file a lawsuit within the enforcement deadline (1 year from filing).

a. If the property owner contests the lien

b. If the lien is not properly served or recorded

Once payment is received, file a lien satisfaction with the county recorder’s office to remove the lien from the property title.

Construction liens and mechanic’s liens are the same. Both are legal claims made by contractors, subcontractors, or suppliers to get paid for their work or materials.

A construction lien is usually filed with the county clerk where the project is located. While paperwork and filing requirements vary by state, they generally involve detailing the work performed, specifying the unpaid amounts, and attaching copies of contracts and any required notices.

A construction lien is a claim filed against a property by a contractor or subcontractor who has not received payment for their work. These liens are intended to safeguard professionals against the risk of non-payment for their services.

Here are the steps involved in filing a construction lien:

• Send a Notice to Owner (NTO): If you don’t have a direct contract with the property owner, send an NTO within the specified deadlines to preserve your right to file a lien.

• Prepare the Lien Document: Use the correct form for the lien, ensuring it meets Florida’s legal requirements. Obtain the form as per Florida Statute 713.08.

• Determine the Last Day on the Job: You have 90 days from the last day you provided labor or materials to record the lien. Aim to file within 60 days for timely recording.

• Choose the Correct County for Recording: Record the lien in the county where the work was performed, such as Miami-Dade County for work done in Miami Beach.

• Mail the Lien: Send the recorded lien by certified mail to all relevant parties within 15 days of recording to avoid invalidation.

‍

A construction lien or mechanic’s lien protects contractors, subcontractors and suppliers from non-payment if they have provided labor or materials to a construction project.

If you have not been paid, a Florida Mechanics Lien must be enforced through a lien foreclosure action within 1 year from the date on which the lien was recorded. If no action is taken within the one-year timeframe, then the lien claim will expire and no longer be enforceable.

‍