Tag Archives: construction lien

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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Homeowners: Invest in a Construction Attorney

A construction lien is recorded on your home. You are nervous. You are angry. You have many emotions and don’t know what to do. First things first. Take a deep breath. Calm down. Once you’ve had an opportunity to digest … Continue reading

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Remember for the New Year – An Ounce of Prevention is Worth a Pound of Cure when it comes to YOUR Construction Lien and Payment Bond Rights!

Welcome to 2017! Happy New Year! As a new year’s resolution, I hope that you will be proactive when it comes to protecting your construction lien and payment bond rights. This will only benefit your business in the long term. … Continue reading

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Make Sure the Construction Lien is Recorded within 90 Days from the Final Furnishing Date

A lienor needs to record its construction lien within 90 days of its final furnishing date on the construction project.   This must be proven at trial and is a requirement in order to sustain a construction lien foreclosure claim. … Continue reading

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Lienable Services Need to Constitute an Improvement to Real Property

Remember, not all services performed are lienable services.   The service needs to constitute an improvement to the real property—bestow a permanent benefit to that property. In Parc Central Aventura East Condominium v. Victoria Group Services, LLC, 54 So.3d 532 (Fla. … Continue reading

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Common Question: Do I Have Lien Rights OR Payment Bond Rights?

There are many times where a subcontractor, sub-subcontractor, or supplier does not know whether they have construction lien rights or payment bond rights in the event they are not paid.  This means they are uncertain whether to preserve their nonpayment … Continue reading

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