James W Construction Law Blog

This letter is written to provide you with some basic information about the Florida Construction Lien Law and and how to protect yourself against paying the contract price twice.  Florida Statutes Chapter 713 grants a construction lien, also called a mechanic’s lien, to any person furnishing labor or materials for the improvement of real  property.... Read More

Florida landlords have for many years been allowed to include a provision in their leases prohibiting construction liens (mechanics liens) for construction ordered by their tenants. This is not always fair to the contractors who do the work and don’t get paid, especially when the work improves the landlord’s land, so the 2011 Florida Legislature approved an amendment to the Florida Construction Lien Law that might allow contractors to get their foot in the door to file a lien.... Read More

The owner of real property in Florida must record and post a notice of commencement before a construction contractor begins work on a project that will improve the property. Failure to record the notice of commencement with the Clerk of Court in the county where the land is located is a violation of the Florida Construction Lien Law and may result in the owner having to pay more than once for the work. The statute specifies the wording to be contained in the notice of commencement, but for the l... Read More