Florida ArticlesRSS feed for this section

Florida Mechanics Lien: Amendment May Require More Documents to File

I recently posted an article about potential changes to Florida mechanics lien law currently being considered by the Florida Senate. In Senate Bill 460, Florida State Senator Simpson is advocating for some curious changes to the lien law scheme. As well as mandating that filing a lien after the 90-day period outlined by statute constitutes […]

Read full story Comments { 0 }

Potential New Florida Legislation Could Significantly Penalize Some Lien Claimants

Missing deadlines is never a good idea, and this is especially true as related to filing mechanics liens. Every state has a deadline by which a mechanics lien must be filed, and if the deadline passes, the claimant’s right to file a valid mechanics lien is generally extinguished. While it is occasionally true that the […]

Read full story Comments { 0 }

preliminary notice to owner mistakes can kill lien rights

Florida Notice To Owner Mistakes That Can Kill Your Mechanics Lien Rights

Anyone doing construction in Florida knows that a “Notice to Owner” or “NTO” must be delivered at the start of a new project to protect a company’s valuable mechanics lien rights, but as with anything in the lien laws, the period of time when this notice may be validly sent is not aways clear. This article […]

Read full story Comments { 0 }

Florida Preliminary Notice – Ain’t No Sunshine If Its Not Sent

From time to time I draft blog articles about notices. The reason why I keep this theme going is due to the immense importance of preliminary notices for contractors and suppliers on a construction project. If a contractor or supplier wants to ensure that they always get paid on a project, they will always file […]

Read full story Comments { 3 }

Notice to Owner: Florida Court Provides Some Clarification

Ownership of a property can change frequently, and those transfers of ownership can happen before, during, or after construction. This can cause serious headaches in states, like Florida, in which some parties are required to send a notice to owner prior to filing a valid lien. Is a subcontractor or supplier on a Florida project […]

Read full story Comments { 0 }

Florida Mechanics Lien Law: Preliminary Notice And The Owner Designee

While performing construction work in Florida, those who do not contract directly with the property owner are required to provide preliminary notice to protect their right to file a lien. The deadline to send the Florida Notice to Owner is dependent on your role in the construction project. While the preliminary notice in Florida is […]

Read full story Comments { 1 }

Mechanic’s Lien: How Long Do I Have To Wait Before I Can File?

Yesterday, someone in Treasure Coast, Florida submitted a question about mechanics liens to the “General Plumbing Discussion” forum at PlumbingZone.com.  The post, titled “Mechanic’s Lien in Florida” boils down to this question: “How long do I have to wait before I can place a mechanics lien on the property?” There are two components to this question, and […]

Read full story Comments { 0 }

Florida Notice to Owner – Will Sending It Upset Your Customer?

I came across an exchange in the ContractorsTalk.com forum about whether a subcontractor should sent its Florida NTO and protect its lien rights on a project. The question is one we’ve addressed at length on this blog:  Will a preliminary notice scare a customer? Here is the forum member’s question exactly: My question is for […]

Read full story Comments { 0 }

Florida Mechanics Lien Cases Awards Attorney Fees To Prevailing Party Only Sometimes

Hat tip to Lee Weintraub of the Florida Construction Law Authority for bringing my attention to a controversy brewing in Florida’s mechanics lien law concerning the award of attorney fees in a lien foreclosure action. According to Mr. Weintraub’s post, We Need A Fix To The Lien Law’s Broken Attorney Fees Statute, a problem with the […]

Read full story Comments { 0 }

Sarasota Herald-Tribune Reporter Unfair To Mechanics Lien Laws

Michael Braga of the Sarasota Herald-Tribune (@MichaelBraga2) published an article last week titled “Harassing lien angers Sarasota senior,” reporting on a mechanics lien filed by Gulfeagle Supply against “a retired…resident living on social security.” The article is clearly biased in favor of the retiree homeowner and against the “harassing” company. It appears to be poorly […]

Read full story Comments { 0 }

Storm Chasers Must Familiarize Themselves With Mechanics Lien Laws

It’s that time of year again. In the past we’ve written about Hurricane Katrina, Hurricane Irene, Hurricane Gustav and Tropical Storm Lee. While the cities and businesses scramble to manage evacuations, and residents board up their houses, the construction industry studies the storm’s path and gets ready for an intense demand for its services. Insurance […]

Read full story Comments { 1 }