Following 713’s lien requirements for perfection

| May 19, 2021 | Construction Law |

The logistics of a construction project can be incredibly complex. After all, it’s not just a developer working with one construction company to complete the project at hand. Instead, that general contractor probably has a number of subcontractors to carry out certain portions of the project, and each of those subcontractors may have subcontractors or supplies that they’ve secured through contract. This means that billing and payment must flow up and down the chain effectively in order for things to run smoothly. This, however, doesn’t always occur.

Strictly adhering to Florida’s construction lien law

Fortunately, if you don’t get paid when you’re supposed to or your payment is delayed for some reason, then you can register a lien on t he property of another even though you’re not in direct contract with the owner of that property. In order to effectively do so, though, you need to strictly adhere to Chapter 713 of the Florida Code.

This section lays out a structure for filing a construction lien claim that must be adhered to. For example, you have to lay out the lienor, the property that is being worked on and its owner, the work you provided, the value of that work, the amount of work that has not been paid for to date, and the first and last days that work was performed. Any inaccuracies here may lead to discharge of your lien claim.

But that’s not all you have to do to effectively place a lien. You also have to provide notice to the property owner in accordance with the statute, and the lien claim must be sworn and notarized before it is registered. Following these steps precisely and as quickly as possible is critical to place yourself as close to the front of the priority line as possible. We’ll talk about priority of lien claims in another post.

Help with your construction issues

Construction law is just as complex as the construction industry itself. That’s why it’s unwise to address these matters without assistance from someone who truly understands this area of the law. Therefore, if you’re facing issues with breach of contract, non-payment, liens, or any other construction matters, then now may be the time to discuss your circumstances with an attorney who can give you the competent representation you deserve.