Florida's lien laws apply to the construction related improvements of most real estate properties. This includes most commercial and residential construction. If the contractor has posted a bond for the project, or the property is government owned, some different portions of Florida law will usually apply.
Under Florida law, the improved property may be subject to a lien even if the owner has already paid the general contractor in full. This may sometimes result in the owner having to pay twice for the same work. If a construction lien is not paid, the improved property may be sold by the Court to satisfy the debt.
However, Florida law also provides significant protection for property owners. If the law is followed properly, the owner can greatly reduce the risk of having liens filed against the property and can also greatly reduce the risk of having to pay for work twice.
Project owners are obligated to understand and obey Florida’s lien laws. By following the law, the owner can make sure that all members of the project team are paid in full while also protecting the property from liens.
In the event of nonpayment, one of the most important tools any contractor has is the ability to enforce a claim for payment through Florida’s lien laws. In the same way that a contractor should come to the jobsite with the proper tools and equipment, he should also properly plan to protect his right to be paid for the work he does.
Florida’s Construction Lien Law is complex and it is best to consult an attorney when specific problems arise. If you have any questions, or need legal advice, please feel free to contact us at any time.
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