In the construction industry, you might do an excellent job renovating someone’s home, and the people who hired you can be quite pleased with your work. But then you’ll be surprised to find out that they refuse to pay you as agreed. It happens more frequently than you might expect.
The good news is that, in Florida, you can protect yourself. You might place a lien on their property to ensure that you are paid for the work you have done. This blog will walk you through the process step by step.
How to File a Lien Claim
The first thing to consider when hiring a Florida attorney is your relationship with the property’s owner. For example, if you are a contractor working directly for the owner, your obligations before filing a valid claim of lien differ from those of a subcontractor or sub-subcontractor who does not have a direct relationship with the owner. Your attorney will discuss your situation with you and help you through the process.
When a contractor is ready to file a Claim of Lien, they must:
Step 1: Record a Claim of Lien
Visit the clerk’s office in the county where the work was done and fill out the necessary Claim of Lien paperwork.
Step 2: Deliver a Final Payment Affidavit
Prepare a Final Payment Affidavit that details the work performed and the amount owed by the owner. This acts as a final demand for payment before legal action is taken.
Step 3: Consult with a Florida Construction Attorney
Seek advice from a qualified Florida Construction Attorney. Discuss the situation and ensure you have followed all necessary legal procedures.
Please note that it’s crucial to follow each step carefully and consult with a legal professional to move through the complexities of the process effectively. Our attorneys at Apfelbaum Law will guide you through the next steps. Reach out to us for a consultation.
What about Subcontractors?
The procedures for a subcontractor or a sub-subcontractor trying to impose a lien on the subject property differ slightly. To start the process, they must submit a notice to the owner of the property and the contractor who hired them detailing the work to be done or that has been performed, as well as any other necessary information. Keep in mind that this notice must be served before work begins or within 45 days of starting work. Subcontractors have 90 days to record their Claim of Lien with the clerk of the county where the work was performed. A Florida construction attorney can assist in identifying these requirements.
Because construction law is quite specific and procedural, there may be additional conditions that must be met in order to successfully complete your lien, whether you are a contractor, subcontractor, or otherwise.
How do I find a Lawyer near me?
After the lien is perfected, it would be important to discuss with a Florida attorney the steps which need to be taken to file your action to foreclose on your lien and collect the money which is to be paid. It could be a lengthy process, but if you have questions or concerns about claims of lien, construction law, or any other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or [email protected].
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