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Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienors name and address, and a description of the real property and the nature of the services or materials being furnished.
If filed, once the lien claimant is served with a copy of the notice, the lien must be released or foreclosed upon within 60 days.
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.
Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienors name and address, and a description of the real property and the nature of the services or materials being furnished.
If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.
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Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.
According 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.
IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.
Who can file a Florida Mechanics Lien? Florida construction law gives mechanics lien rights to direct contractors, subcontractors, material suppliers, equipment lessors, and laborers when they perform work for the permanent benefit of land or real property (as per 713.01(15) definition of improvement).
Notices of Commencement are required in Florida. Property owners must get them filed. The only exception is when there is a construction lender on the job, in which event, the property owner is relieved from this duty and the construction lender must make the filing.

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