In case, the contractor and suppliers do not get paid on a construction project, they can file a lien secure payment under Florida mechanics lien law. It is a legal tool that offers unpaid party with security interest within the property. Read on to know more about the duties and responsibilities of Florida Commercial Litigation Law Firm.

Florida Lien and notice deadlines

Preliminary notice requirements

The subcontractor must offer notice to the owner earlier than 45 days after providing the labor and materials. In fact, the sub-contractor should send a notice to the owner at least 45 days earlier before commencing the work or furnishing materials before the final payment.

Mechanics lien deadline

The deadline to file a mechanics lien is at least 90 days from the last furnishing labor or materials for the project. The project development officer should serve a copy of the lien on the property owner within 15 days of filing the lien.

The enforcement deadline

The action to enforce the mechanic's lien must be initiated within one year of the lien being filed. Well, the time frame could be shortened. In case, the property owner files the deadline an enforcement action could be shortened to 60 days after the notice.

Take a look at the general queries Florida Mechanics Lien Law

Here is a list of frequently asked questions about Florida mechanics' liens:

Who can file a mechanics lien?

The direct contractor, subcontractor, material suppliers, equipment lessors, and laborers are entitled to mechanics' lien rights.

On the other hand, the architect, engineers, surveyors, and design professionals are entitled to file a mechanics lien for their services. In fact, material suppliers have a great range of protection in Florida; however, it is limited to those supplying materials.

Is it important to have a written contract to file a mechanics lien?

In general, a written contract is not required in Florida. However, it is always good to have a written contract at the outset of every construction project.

Can an unlicensed contractor file a mechanics lien?

Not really. Florida has specific and strict guidelines where the licenced contractor can only file a mechanics lien. In fact, they are also barred from pursuing claims for unlicensed work that may be subjected to fines or criminal penalties.

What is the deadline to file a mechanics lien?

The general deadline to file the lien is no later than 90 days from the last date of the claims furnished material to the project and termination of the original contract.

Wrapping up

For further queries, you must get in touch with a qualified professional or Florida Commercial Litigation Law Firm.