Construction Liens

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Commonly Asked Questions about Construction Liens

How long does a construction lien last in Montana?

Mechanics liens in Montana are valid for 2 years after filing. After you file, you generally have 2 options. If you go unpaid, you can enforce your lien to spur payment, and if you get paid after you file, you can release your lien claim to free up the property.

What are the defenses to a construction lien in Florida?

A critical defense is that the lien is fraudulent, which may arise if the lien amount is intentionally inflated or includes amounts for work not performed or that are not considered lienable under Floridas Construction Lien Law. Florida law strictly enforces the accuracy of lien amounts.

What is the Florida construction lien law?

ING TO FLORIDAS CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.

What is the lien law in Florida for real property?

FLORIDAS CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

How long does a construction lien last in Florida?

period of one year from the date it was originally recorded. There is only one way to extend that time. The lienor must file a lawsuit to enforce or foreclose the lien within the time that it is effective to keep it alive longer than the one year period.

What are the lien laws in Illinois?

In Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner.

What is the lien law in Wisconsin?

In Wisconsin, an action to enforce a mechanics lien must be initiated within 2 years from the filing of the lien. This deadline may not be extended, and if the deadline is missed, the lien expires and becomes unenforceable. Preliminary notice deadlines. 60 days.

How do construction liens work in Florida?

ing to Florida law, those who work on your property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.