Special Report on
Florida Construction Lien Law
Florida Construction Lien Law - Trends
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A common, but easily preventable, occurrence for many commercial property owners is having a mechanic's lien filed against their property when their tenant has not paid its contractor and/or their tenant's contractor has failed to pay one of its suppliers, subcontractors or laborers for improvements made to the property by the tenant. The mechanics lien is a cloud on the property's title and can prevent the sale or refinancing of the property until the mechanic's lien is paid. Often a mechanic's lien for tenant improvements is discovered long after same has been filed in the public records, but ...
The filing of a Notice to Owner is just one of many steps in perfecting a claim of lien under Florida law. The Notice to Owner is filed by a subcontractor or materialman who does not have a contract with the Owner. This notices simply lets the Owner know “hey, I am working on your project and if I don’t get paid I will put a lien on your property.” This notice is not filed in the public records and is not an encumberance on the title of the Property. Therefore, do not feel guilty for serving a Notice to Owner. The Notice to Owner’s only purpose is to preserve your ... Read More
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