Florida Lien Law Punchlist for Private Projects

NOTICE REQUIREMENTS

-  Any party (except wage laborers) who do not have a direct contract with the property owner must serve a Notice to Owner within the earlier of (a) 45 days of first furnishing services or materials; or (b) 45 days from when work begins on making specialty materials; or (c) 45 days before owner’s final payment to prime contractor.    Notice must be served on the owner, and all other parties “up the chain.”

-  If a payment bond is posted on the project, must deliver a Notice to Contractor / Notice to Owner to the owner and general contractor within 45 days of first furnishing labor and/or materials. If later unpaid for work, lienor must serve contractor and bonding company with Notice of     Nonpayment within 90 days of final furnishing of labor and/or materials to perfect rights to make claim against bond.

ABOUT NOTICE OF COMMENCEMENT & PAYMENT BONDS

• Owner must record a Notice of Commencement before work is performed at the property, and display it at the jobsite!    This notice will have important information on it for potential lien claimants.
  

• If the Owner recorded a payment bond along with its Notice of Commencement, the property may not be lienable. Instead, the claimant should bring a suit against the bond.
  

• If bond is recorded and lien may not be possible, this does not relieve contractors from delivering a Notice to Owner.

THE MECHANICS LIEN

-  Referred to as “Claim of Lien”

-  Must be recorded within 90 days of last furnishing labor and/or materials.    It must be served on the owner within 15 days of being recorded.

- Action to enforce the lien must be instituted within 1 year from the filing of the lien, unless action is taken by another party to shorten the period. Then, according to the action.

THE PAYMENT BOND

-  If Payment Bond was recorded by the Owner/Contractor, no one has right to lien the property. Instead, the lienor can file a claim against the payment bond itself.

-  Lienor must file suit against bonding company and/or bond principal within 1 year from its final furnishing of labor and/or materials.    Also, note notice requirements above.