The Process To Maintain Your Lien Rights in Florida - Essay Sample

Introduction

In Florida, various processes must be followed to protect the lien's rights. Section 713.37 highlights that Construction lien law of Florida is not subjected to any rule of liberal interpretation in favor of any person to whom it is applies. All the users of this law must comply with it without any bias. Lienors are required to be very vigilant and cautious when guarding their rights of lien. It is not that any person who supplied materials or services for construction is a lienor or has the right to demand fortification under Ch 713, Fla. Only laborers, contractors, professional lienors and even those who supply construction materials can receive protection from construction lien's law (Lucier, 2002). For a licensor not to lose lien's rights, it is essential to provide notice usually known as a notice to the owner immediately after offering labor or materials. This is a legal requirement that legalizes lien of a person.

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It is a requirement that all the parties that not have a direct contract with the owner of a property should provide notice within a period less than 45 days of offering services or supplying materials to a construction project. Only those who are not binding in this obligation include architect and other design experts. The right of lienor is also preserved when mechanics lien is filed within 90 days from the day the work is completed. This is because the deadline for claim begins after the end of the construction project. The provision of such files after 90 days after the last day of the offering service or materials may make lien claimant lose the right of lien. In case of materials, the previous date begins when the contents have reached the site for construction.

To have the right of lien in Florida, one must be a contractor, subcontractors, suppliers of construction materials, laborers and other professionals. People who do not fall under these categories have no right of lien and therefore cannot seek legal protection from construction lien's law (Lucier, 2002). In Florida, entering into a written contract does not qualify one to have a right of lien, but it can be introduced either orally, impliedly or even through writing. For a licensor to claim a right of the client, they must fall under the above category of persons who qualify to receive protection under Ch 713 Fla.

It is also important not to exaggerate a Florida lien claim. It may not allow an individual to receive protection under construction lien law. Although it is easy to avoid exaggeration, it is usually difficult to differentiate between a mistake or intentional exaggeration. In Florida, the law does not allow the claimant to the inclusion of unapproved change orders, or work which has not been done for payment under lien (Circo & Little, 2009). It was also necessary for the claimant to increase the cost or lien fees or interest to the mechanic lien. The increase of any of these charges is likely to make the claimant lose his right of lien in Florida. The inclusion of all these makes a claimant face the risk of exaggerated lien. For seniors in Florida to obtain protection, they must quote the actual value of the property as a violation of this law renders claimant to lose the rights of lien. Finally, Lienors must know the deadline to enforce the lien. This is because the right of lien can only be obtained within a given period (Circo & Little, 2009). The elapse of that specific period, the right of lien ceases to exist unless a legal suit has been filed to foreclosure against the property under lien. Foreclosure under lien takes one year and its expiry period also makes a claimant lose the right of lien.

References

Circo, C. J., & Little, C. H. (2009). A State-by-state Guide to Construction & Design Law: Current Statutes and Practices. American Bar Association.

Lucier, T. J. (2002). The Florida Landlord's Manual. Special Report Publications, LLC.