Construction Liens

The prosecution and defense of construction lien claims is one of our core practice areas. Because Florida's Construction Lien Law is strictly construed by the courts, a lien claim or defense can be a double-edged sword in the hands of the unfamiliar. This is especially true considering that the Lien Law provides for attorneys fees to the prevailing party and can result in the loss of real property through foreclosure sale, regardless of Florida's Homestead Exemption or other protections.

We also provide the legal counseling needed to insure that construction liens are accurately prepared and recorded so that they can be properly enforced and lien defenses can be avoided.

Areas for lien consultation include:

• when is notice required?
• who can lien?
• what property is subject to lien and what type of lien?
• waiver and release of lien
• strict time requirements for notice, recordation and foreclosure
• effect of written and oral construction agreements
• bonds; conditional, payment, performance, lien transfer, etc.
• forms, lien releases, satisfactions and affidavits
• what can be included in lien amount, labor/materials, and what cannot be included?
• requirements to pass payments downstream under Ch. 713
• priority of competing claims or liens
• summary (short time frame) procedures
• requests for sworn statement, notice of contest of lien, order to show cause
• prerequisites to lien enforcement
• lien foreclosure actions
• defenses to lien foreclosure actions
• remedies for fraud, collusion or false statements
• foreclosure sales and rights of redemption