Why Should Contractors Put Liens on Jobs?

RAK Law Firm Team

What Is a Construction Lien?

A construction lien, also known as a mechanics lien, is a type of security interest against a property by a contractor or subcontractor who has not been paid for work performed or materials supplied for the benefit of the property. These construction liens are designed to protect contractors, subcontractors, and materialmen from non-paying consumers or business entities. According to Florida’s Construction Lien Law, those who provide labor, materials, and/or services who are not paid in full, have a right to enforce their claim for payment against that property.

Benefits of Putting a Lien on a Jobsite

  • Contractors, subcontractors, and materialmen can put pressure on the property owner to pay the money that was rightfully promised to them in their contract, by their oral agreement, or in equity.
  • A construction lien on property makes it more difficult or refinance the property because it becomes a public record that a dispute exists as to the property and prospective buyer or bank is able to see the lien on the property.
  • The process of filing and executing a construction lien can be simple and easy with the help of experienced attorneys. However, there are several strict statutory deadlines which may make it difficult for the inexperienced lienor to navigate without the assistance of an attorney. Failure to meet these deadlines could invalidate your claim, or even make you liable for damages to the property owner.

How Long Does a Construction Lien Last?

In Construction Lien Law, a claim of a lien usually does not last longer than a period of 1 year after the claim of lien has been recorded. A lien that is older than 1 year is not enforceable unless a certain document is recorded with the clerk of court. However, if you are served with a notice of contest of lien that period of time can be shortened.

We know dealing with a construction lien lawsuit could be difficult, and we want to help. Call (813) 750-0513 to schedule a consultation. Our years of experience dealing with construction liens can help make sure you get the compensation you deserve.

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