Construction liens in Florida are a creature of statute — Florida Statutes Chapter 713 referred to as Florida’s Construction Lien Law. This means that lienors need to ensure they are properly preserving their rights pursuant to Florida’s Construction Lien Law.
On private construction projects, if a payment bond is not furnished by the general contractor, subcontractors and suppliers that preserved their lien rights can record a construction lien against the real property if they are not paid. The lien is a valuable tool as it enables a lienor to collateralize / secure its non-payment against the owner’s real property. Furthermore, the general contractor can collateralize / secure its non-payment against the owner’s real property. Again, to take advantage of this valuable tool, lienors need to ensure they are properly preserving their rights pursuant to Florida’s Construction Lien Law!!
Although this blog focuses on bond rights (payment and performance bonds), there will also be articles on construction lien rights in Florida. This is because construction liens play an integral role in construction when it comes to securing payment. But, if used improperly or lien rights not properly preserved, it could expose the unwary contractor to potentially harsh recourse.
Please check out this chart regarding perfecting and enforcing construction lien rights as compared to payment bond rights.
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