Category Archives: Lien

Owners: Take Notice of Listed Lienors in Contractor’s Final Payment Affidavit

If you are an owner, you should receive a contractor’s final payment affidavit, which you are required to receive at least 5 days before anyone you hire directly files a construction lien foreclosure lawsuit. The contractor’s final payment affidavit should identify … Continue reading

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Lien Priority goes Hand-in-Hand with the Notice of Commencement

As a contractor (or subcontractor if a payment bond is not furnished by the contractor) you always want to make sure (1) there is a notice of commencement that was recorded for the job and (2) you are working under … Continue reading

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“Prevailing Party” in Construction Lien Actions

Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading

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Contractor’s Final Payment Affidavit

For contractors in direct contract with the owner, the construction lien is the first step to filing a construction lien foreclosure lawsuit.  The next step is that the contractor MUST deliver a Contractor’s Final Payment Affidavit to the owner at least … Continue reading

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Owners that have Construction Liens Recorded Against their Property

I get quite a few calls from owners that have a construction lien recorded against their property.  The question is always: “What do I do?”  Every situation is different and the amount of the lien sometimes dictates the most efficient … Continue reading

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Subcontractor and Supplier MUST Timely Serve Notice to Owner

Not too long ago, I dealt with an issue of a subcontractor not timely serving a Notice to Owner.  It was not even close.  This meant that the subcontractor did not properly perfect its construction lien rights.  Of course, the subcontractor … Continue reading

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Comply with the Requirements of Florida’s Lien Law

When it comes to Florida’s Lien Law, strict compliance is required with all of the timing requirements. The defense of “ooops, it’s one day late, no big deal” is not going to fly. However, when it comes to other errors … Continue reading

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Value Working with a Lawyer to Prepare and Record Your Lien

You need to prepare and record a construction lien. You will just do it yourself. It’s a statutory form. You will fill it out and record it—no big deal. This way you have at least preserved your rights and can decide later if you really want … Continue reading

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