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What to know about the construction lien law in Florida

On Behalf of | Feb 13, 2024 | Construction Law

If you have a construction project, you need to be extra careful with payments. This is because any person who works on your property or provides materials and services and is not paid in full can claim compensation from the property. They can enforce a claim for payment against your property. This is Florida’s construction lien law.

Here is what to know about this law:

No preliminary notice is required by those with direct contracts

Any person who offers professional services to your project and has a direct contract with you may have rights to a lien on your property. These include the general contractor, building contractor, architect, landscape architect, surveyor and mapper and interior designer, among others. Note that all these professionals can be referred to as “contractors.”

Others must serve you with a notice before placing a lien

People who are not in a direct contract with you may also have rights to a lien on your property. These include the subcontractor, sub-subcontractor, laborer and material providers. Even if you pay your contractor in full, your property can still be hit with a lien if they fail to pay the people that they hired (subcontractors) in full – although they must take additional steps in providing you with advance notice.

That’s why it’s crucial to protect yourself. You can do this in different ways. One of them is to request a written release of lien/waiver from any person or company that served you as soon as you have paid. A release of lien proves that the contractor paid the other party, protecting your property.

If your property is under the threat of lien, obtain adequate information to understand the steps to take. Legal guidance is wise.