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Notice to Owner: Florida Court Provides Some Clarification

By on May 17, 2013

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 [...]

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Florida Preliminary Notices: The Owner Designee

By on May 2, 2013

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 [...]

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

By on December 7, 2012

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 [...]

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

By on November 28, 2012

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 [...]

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

By on October 17, 2012

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 [...]

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Sarasota Herald-Tribune Reporter Unfair To Mechanics Lien Laws

By on August 30, 2012

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 [...]

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Storm Chasers Must Familiarize Themselves With Mechanics Lien Laws

By on August 29, 2012

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 [...]

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Florida Notice To Owner: Exceptions To The Requirement

By on June 25, 2012

Generally speaking, when working on a private construction project in Florida, you must deliver a “Notice To Owner” to preserve your mechanics lien rights. Like any law, there are exceptions.  This post reviews the rule, the exceptions and some best practices for your company. Explaining Florida’s Notice To Owner Requirement Many states have preliminary notice [...]

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Associations Must Authorize Condo Work For Florida Mechanics Lien…Or Do They?

By on May 3, 2012

Filing a mechanics lien against a condominium complex for work performed on the “common elements” can be a tricky affair. Typically, this work is authorized by the association or developer, but not specifically by each and every condo unit owner. Those familiar with condominiums know that the common elements are jointly owned by each unit owner. So, [...]

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What Is A Payment Bond?

By on February 8, 2012

A good place to start with these basic questions is with a basic definition, and I’ve found a good one on Wikipedia: A payment bond is a surety bond posted by a contractor to guaranty that his subcontractors and material suppliers on the project will be paid. Payment Bonds on State, County or Federal Projects [...]

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Florida Mechanics Lien: How To File A Lien And Get Paid

By on February 1, 2012

If you have not been paid for labor, services or materials furnished on a construction project in Florida, you may be able to collect the money you are owed by filing a mechanic’s lien (also referred to as a construction lien).  You can file a mechanic’s lien claim on your own, or call upon an [...]

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