Construction liens are complicated, especially if you believe a party unjustly filed one against your property. Understanding the process for dealing with an unjustified lien is crucial to protecting your rights and interests in Florida.
Verifying the Lien’s Validity
The first step is to verify the lien’s validity. Check if the contractor followed Florida’s legal requirements. These include sending a Notice to Owner and filing the lien within 90 days of the last work performed or materials supplied. Additionally, ensure that the lien includes accurate details about the labor or materials provided.
Requesting a Lien Release
If you think you have an unjustified lien, you can request a lien release from the contractor. Pursuant to Florida Statute § 713.21, if you have fulfilled your contractual obligations, you may formally ask the contractor to remove the lien. A written request, accompanied by proof of payment or evidence of incomplete work, may prompt the contractor to voluntarily release the lien.
Serving a Demand for Sworn Statement of Account
You can serve a Demand for Sworn Statement of Account under Florida law. This demand compels the lienholder to provide a detailed account of the labor, services, and materials furnished. If the lienholder fails to respond within 30 days, they may lose the ability to enforce the lien.
Filing a Notice of Contest of Lien
If the contractor refuses to release the construction lien, you may file a Notice of Contest of Lien. This legal document shortens the timeframe for the contractor to enforce the lien from one year to 60 days. If the contractor does not file a lawsuit within this period, the lien becomes void.
Ensuring the Preservation of Your Rights
Navigating an unjustified construction lien requires diligence. While the law provides mechanisms to challenge such liens, it’s vital to act promptly and keep thorough records to improve your claim.