steps to file a lien
I need to file a lien on 3 a properties but I don't know what steps to take first. Does the owner have to sign something before the work is completed in order for us to file a lien now?
Re: steps to file a lien
THIS IS NOT LEGAL ADVICE.
It depends. If you are working directly for the owner then you need to record a Claim of Lien in the public records of whatever jurisdiction the work was performed in. This must be done within 90 days from the last date that you worked on or delivered materials to the project. The Claim of Lien must also be served on the Owner via certified mail, return receipt requested. Once the lien is properly recorded you have one year during which to file a lawsuit to foreclose the construction lien if you are not paid. In any event, the Owner does not have to sign anything, however, you will have to provide him with a COntractors Final Payment Affidavit at least 5 days before bringing a lawsuit against him to foreclose the construction lien.
If you are working as a subcontractor then you must serve a Notice to Owner on the owner witihn 45 days of beginning work on the project. Then you must also file and record a Claim of Lien, as set forth above, within 90 days of last furnishing work or materials on the project.
I would advise, however, Florida's construction lien laws are complicated and confusing and are strictly construed by courts. I wouldd strongly suggest consulting with an attorney to make sure that you properly preserve your lien rights. Usually, these filings can be done for minimal cost.
Re: steps to file a lien
THIS IS NOT LEGAL ADVICE.
It depends. If you are working directly for the owner then you need to record a Claim of Lien in the public records of whatever jurisdiction the work was performed in. This must be done within 90 days from the last date that you worked on or delivered materials to the project. The Claim of Lien must also be served on the Owner via certified mail, return receipt requested. Once the lien is properly recorded you have one year during which to file a lawsuit to foreclose the construction lien if you are not paid. In any event, the Owner does not have to sign anything, however, you will have to provide him with a COntractors Final Payment Affidavit at least 5 days before bringing a lawsuit against him to foreclose the construction lien.
If you are working as a subcontractor then you must serve a Notice to Owner on the owner witihn 45 days of beginning work on the project. Then you must also file and record a Claim of Lien, as set forth above, within 90 days of last furnishing work or materials on the project.
I would advise, however, Florida's construction lien laws are complicated and confusing and are strictly construed by courts. I wouldd strongly suggest consulting with an attorney to make sure that you properly preserve your lien rights. Usually, these filings can be done for minimal cost.
Re: steps to file a lien
THIS IS NOT LEGAL ADVICE.
It depends. If you are working directly for the owner then you need to record a Claim of Lien in the public records of whatever jurisdiction the work was performed in. This must be done within 90 days from the last date that you worked on or delivered materials to the project. The Claim of Lien must also be served on the Owner via certified mail, return receipt requested. Once the lien is properly recorded you have one year during which to file a lawsuit to foreclose the construction lien if you are not paid. In any event, the Owner does not have to sign anything, however, you will have to provide him with a COntractors Final Payment Affidavit at least 5 days before bringing a lawsuit against him to foreclose the construction lien.
If you are working as a subcontractor then you must serve a Notice to Owner on the owner witihn 45 days of beginning work on the project. Then you must also file and record a Claim of Lien, as set forth above, within 90 days of last furnishing work or materials on the project.
I would advise, however, Florida's construction lien laws are complicated and confusing and are strictly construed by courts. I wouldd strongly suggest consulting with an attorney to make sure that you properly preserve your lien rights. Usually, these filings can be done for minimal cost.
