A Notice of Commencement is a recorded document which notifies the world, including potential lienors, that construction is taking place at a particular property. Under Florida Statutes Section 713.13, an …
Lienors who do not have a contract with an owner must abide by the provisions of Florida Statutes Section 713.06. Under that section, a materialman or laborer, either of whom …
Construction Liens – Liens of Persons Not In Privity Read more »
According to Florida Statutes Section, 713.04, any lienor, whether they have a contract with the owner or not, who performs services or furnishes material to real property for the purpose …
Construction Liens – Liens for Subdivision Improvements Read more »
What is the effect of a judgment finding a lienor has failed to establish a lien for the full amount due under its contract?According to Florida Statutes Section 713.28, if …
Construction Liens – Judgment for Lien vs. Judgment for Amount Due Under Contract Read more »
What is a fraudulent lien and what are the consequences of filing a fraudulent lien?Under Florida Statutes 713.31(2)(a), a fraudulent construction lien is any lien in which the lienor has …
What remedies exist in the case of fraud or collusion by an owner or another lienor relating to a lien?Under Florida Statutes Section 713.31(1), if the owner or another lienor, …
What interests are affected by a recorded claim of lien? With one exception, a lien only extends to the right, title, and interest of the person who contracts for the …
How long does a construction lien remain valid and enforceable?With one exception (discussed below), a construction lien lasts for only one year after the claim of lien has been recorded …
How is a construction lien discharged?Florida Statutes Section 713.21 addresses discharge of liens. That section says that a lien properly perfected may be discharged by any of the following methods:(1) By …
Design professionals may claim a lien on an owner’s property under Florida Statutes Section 713.03. That section provides that any person who performs services as an architect, landscape architect, interior …
Construction Liens – Design Professionals’ Liens Read more »