Category Archives: Lien

Use a Lawyer to Prepare YOUR Construction Lien

Here is a reason why you should always consider using a lawyer in preparing your construction liens.  And, I am talking about a lawyer that is going to review your pertinent documentation in preparing your lien and spending the time … Continue reading

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Make the Pre-Suit Settlement Offer before a Lien Foreclosure

You are involved in a payment dispute with your contractor. The contractor records a lien against your property. What do you do? Sometimes the best thing to do is to make a good faith settlement offer.  Offer an amount of … Continue reading

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You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond

The other day, I consulted with a contractor that recorded a construction lien.  Its lien had been transferred to a lien transfer bond pursuant to Florida Statute s. 713.24.  With the lien transfer bond, instead of foreclosing the lien against … Continue reading

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The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing

As a subcontractor or supplier, it is important to preserve your lien rights by serving a Notice to Owner within 45 days from initial furnishing.  If you are a supplier of specially fabricated materials, the Notice to Owner must be … Continue reading

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Construction Liens Don’t Last Forever!

I had a contractor with a construction lien call me up the other day wanting to take action on its lien. However, I could not assist this contractor with its lien.  The lien expired by operation of law…for two different … Continue reading

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Lienor in Direct Privity of Contract with Owner MUST Serve Contractor’s Final Payment Affidavit

I have had a few cases as of late representing an owner where the contractor in direct privity of contract with the owner failed to serve its contractor’s final payment affidavit on the owner prior to foreclosing on its construction … Continue reading

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Timely Recording Lien within 90 Days From Lienor’s Last Day / Final Furnishing Date

For construction liens to be valid, the lien must be recorded within 90 days from the lienor’s last day performing work–this is known as the lienor’s final furnishing date.   A lienor’s final furnishing date is largely a factual based … Continue reading

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Lien and Payment Bond Right Preservation is a MUST

Recently, I have been involved in more than a few matters where a party failed to preserve their construction lien rights or payment bond rights, as applicable to the project.  Why?  Failing to properly preserve lien or payment bond rights … Continue reading

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Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own

I receive numerous calls from owners that have a construction lien recorded against their property.  Of course, in most instances, the owner disputes the lien amount and, in fact, the lien in its entirety.  This is ok. The owners are … Continue reading

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Am I a Lienor?

I was hired to perform or furnish labor, services, or materials for a construction project.  Do I have construction lien rights?  It is a pretty important question, right?  I think so! If I have lien rights then I need to … Continue reading

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