Serving clients in Fort Myers, Cape Coral, Estero, Bonita Springs, Naples, Alva, Lee and Collier County, Florida
Florida construction liens must be enforced within one year of the date the lien was originally recorded. That period, however, isn’t set in stone, which is one of the reasons you really want to be working with the lawyers at ZinnLaw for this kind of thing. For example, if the claimant supplied labor or materials after the lien was initially recorded, an amended claim of lien will need to be filed. Then, the one-year timeframe is calculated from the date the amended lien was filed.
The one-year period can be shortened as well. If the property owner contests the lien by serving a Notice of Contest of Lien, the period is shortened then to 60 days. Anyone involved in the lien can shorten the time frame to 20 days by filing a summons and complaint to show why the lien should not be enforced.
What happens if the claimant gets paid after filing a construction lien?
If you get paid by the property owner after you file a lien, you’ll need to file a lien release. In Florida, that’s called a Discharge of Mechanics Lien. After this is filed, the lien will be removed from the court record.
Can you file a lien against any property?
No. You can only file construction liens against private property. For public projects funded by a governing body, you’ll need to take another course of action. Contractors working on public projects must post a payment bond, which is secured by a surety company. If the contractor isn’t paid, they can make a claim for payment against the payment bond.
Can you recover attorneys’ fees or collections costs in a lien?
No. Florida limits construction liens to the money owed toward the permanent improvement of real property. Even so, in Florida you can include unpaid finance charges in the lien claim. While you can’t include attorney’s fees in a lien claim, they may be awarded in a foreclosure auction, if it comes to that.
Need to file a construction lien in Fort Myers?
Contractors are accustomed to wearing many hats, but when it comes to construction liens, you need an attorney who will ensure you get paid. Brian D. Zinn is an accomplished construction attorney in Florida who can make sure you receive your due payment. Drawing on years of experience, we can pursue different legal avenues to preserve your claim or help you to file a lien.
Contact us today for a free consultation or call (239) 418-1529 to schedule an appointment.
We look forward to helping you get the money you’re due!
