Construction Law

Protecting Your Construction Lien Part 2

This is the second part of Protecting Your Construction Lien. As your Tampa construction attorney we know that keeping track of rules and timelines when filing for a lien can be stressful, and we encourage you to hire a lawyer to help assist you with this process. To view the first half of this article, please visit Part 1.

7. Document Your Claim of Lien Within 90 Days

A contractor must keep track of the days worked and record a claim of lien in the County where the real property is located and where the construction work was performed, if a payment is not received in a timely manner. This is a non-negotiable deadline.

8. Provide Claim of Lien On The Owner

Within 15 days of recording the lien, a lienor is obligated to send a copy of the recorded claim of lien to the owner. If the owner can prove that they did not receive a copy of the claim of lien within the 15 day period, there is a possibility that they may have a defense to the claim of lien.

9. Does Your Claim Of Lien Comply With The Statutory Requirements?

Florida Statute 713 designates the requirements for the contents of a valid claim of lien. Make certain it follows the statutory form and includes the mandatory warning language.

10. Provide The Contractor’s Affidavit Of Final Payment

As the contractor on the project, it’s your duty to send the statutory Contractor’s Affidavit of Final Payment to the owner before they submit final payment. It’s crucial that this is done no later than 5 days before you file suit to foreclose on your claim of lien.

11. File Lawsuit to Foreclose on Claim of Lien

There is a grace period of just one year from the date you recorded the claim of lien to when you must file a lawsuit to foreclose on the lien if you are not paid. However, you only have 60 days from that date to file a lawsuit if you are served with a Notice of Contest of Lien by the owner. Additionally, you only have 20 days from the date you are served within which to file a lawsuit if you are served with a Summons to Show Cause.

If you would like to speak with one of our Tampa construction lawyers, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.