Mechanic's Lien Laws in Florida
- Florida recognizes the right of workers to file mechanic's liens for unpaid work.florida adventure image by feisty from Fotolia.com
Construction workers and contractors often run into problems when they work on a project and subsequently don't get paid. Florida allows thee workers to use mechanic's liens when this happens. A form of a security interest, a mechanic's lien is a way for these workers to enforce their right to payment against a property when they don't get paid. - Whenever a worker, laborer, contractor or anyone else adds value to a home, performs work or provides material for construction purposes, and subsequently fails to get paid, he can file for a mechanic's lien. Florida law provides for these liens, also called construction liens, in specific statutes. The range of workers who can file a mechanic's lien in Florida is broad and includes such professionals as architects, interior designers and engineers as well as laborers and contractors or subcontractors.
- Any worker in Florida providing labor or materials to a construction project must provide the owner written notice of her work within 45 days of beginning the project. This delivery can be made in person or through certified mail. However, if a contractor has direct contact with the owner of the property, this notice does not need to be provided.
- If a worker or contractor decides to file a mechanic's lien against the property, he must do so within 90 days from the last day of work performed or materials delivered. The lien must be filed in the county courthouse in which the property is located. A copy of the lien must be delivered to the owner within 15 days of filing with the county courthouse.
- Any lien filed must contain specific information. This includes the name of the party filing, the name of the contractor with whom he was employed, the work provided, the value of the work provided, the name of the owner, a description of the property, the first and last day work was provided and the value of payment outstanding. The lien must be in affidavit form and contain the following warning:
"THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.