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How Do Construction Liens Work in Florida?

On Behalf of | Aug 23, 2022 | Construction Law | 0 comments

Florida construction projects often involve many moving parts. Sometimes, contractors, subcontractors, and others working on the project struggle to collect what is due within a reasonable timeframe. Florida’s construction lien law (once known as its mechanic’s lien law) allows contractors and subcontractors to enforce construction liens on properties so that the contractors and subcontractors can recoup the costs of the materials or work supplied.

Pursuant to the Florida Bar, construction liens provide an option for third-party contractors and subcontractors to secure payment from the owner of a property that they worked on.

Who May File the Construction Lien

Contractors, subcontractors, laborers, equipment lessors, materials suppliers, and anyone else who performs work that results in a “permanent benefit” to the land or property may be able to file a construction lien to recoup payment. Also, architects, engineers, surveyors, and design professionals with a professional license may file a construction lien. Please note that an employee has to have a professional license to file a construction lien in Florida.

When to File the Construction Lien

There are strict and clear deadlines associated with filing construction liens in Florida. Those looking to take action must do so within 90 days from either the date the contract terminated or the date the claimant last supplied labor or materials for the property in question – whichever is earlier.

It is imperative that contractors, subcontractors, or others looking to file construction liens take prompt action. Failing to file a construction lien within the required timeframe leaves workers or suppliers largely without options.

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Collier County Bar Association
Lee County Bar Association
The Florida Bar 1950
United States District Court Northern District of California
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