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In need of a Florida Property Lien Lawyer?
Florida contractors that perform work that improve real property sometimes run into problems collecting what they are owed. Contractors can protect their right to recover what they should be paid by filing a construction lien. However, a lien must be filed properly. Florida construction lawyer Jonathan P. Cohen, Esq. can help contractors properly file liens so that they can recover money owed for their work.
The document giving rise to the lien is a “claim of lien,” and when properly perfected, a claim of lien gives a contractor a security interest in the property. If the property owner tries to refinance the property or sell it with a claim of lien attached, it can be more difficult for them to do so. Filing a claim of lien can encourage property owners to pay what they owe to avoid a foreclosure action against the property.
Those entitled to file a lien include contractors, subcontractors, sub-subcontractors, laborers, materialmen, and professional lienors. To perfect a lien, statutory notice requirements must be strictly followed. A person with a direct contract with the owner, known as being in privity with the owner, can file a claim of lien without any prior notice, but a person without privity, typically subcontractors, must first notify the owner that they performed work on the property and intend to look to the owner for payment. This is accomplished through filing a document called a notice to owner, which must be sent to the property owner before starting the work or no later than 45 days after beginning the work. If the notice is not timely filed, the party without privity will lose their lien rights.
All lienors, those in privity and those not in privity, must file a claim of lien within 90 days of the final furnishing of labor, services or materials. If the lienor does not file a claim of lien within that period, they will lose their lien rights.
Talk to an Experienced Florida Property Lien Lawyer
If you are a contractor, subcontract, supplier or design professional, it is a good idea to work with an experienced Florida property lien lawyer before beginning work. An attorney at the law firm of Jonathan P. Cohen, P.A. can review your situation and advise you on how to protect your lien rights. Call us today at (954) 462-8850 or send an email, email@example.com to schedule a consultation.