Florida’s Construction Lien Law
Florida Statute 713, Part 1
* Notice to Owner
* Construction Lien Release
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 your contractor fails to pay subcontractors or material suppliers, the people who are owed money may look to your property for payment, even if you have paid your contractor in full. ContrTO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.
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Provided you properly filed a Notice of Commencement, and provided your contractor posted the Notice of Commencement at the job site (your home), each subcontractor and supplier on your project should send you a Notice To Owner form. This form alerts you that they have furnished goods/services on your project and it is your responsibility to make sure they get paid. A sample notice is shown next:NOTICE TO OWNER
To (Owner’s name and address) The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: (General description of services or materials) for the improvement of the real property identified as (property description) under an order given by . Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes.IMPORTANT INFORMATION FOR YOUR PROTECTION
Under Florida’s laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. PROTECT YOURSELF: —RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid. —LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation. ___________________________________________________ Further, the law requires a Notice of Commencement be filed with the County Clerk’s office on any project with a value exceeding $2,500.00. This filing is important for your protection. This form identifies the property owner, contractor, lender, the property address and it serves to notice all parties involved who “you are” and how “you should be contacted” for proper notice. ___________________________________________________Certified Construction Manager
The Building Inspector
Orlando – Daytona Metro: 386-279-4892
Jacksonville Metro: 904-503-9808
www.TheBuildingInspector.net
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