Frequently Asked Questions - Florida Mechanics Lien
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What is a Florida mechanics' lien claim?
In Florida, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When a Florida Mechanics Lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
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Who can file a Florida mechanics' lien Claim?
Contractors, as well as subcontractors, laborers, certain design professionals, sub-subcontractors and material suppliers can file a Florida mechanics lien. If a company supplies material to a material supplier, they are not eligible to file a Florida construction lien claim. Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less.
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Are pre-lien notices for a Florida mechanics' lien Claim required?
Depending on the claimant's status, a Florida pre-lien notice may be required. Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the owner, are required to provide a Notice to Owner within the earliest of the following periods: within 45 days of commencing work or providing services for the Project or before the date of the owner's final payment to the contractor who furnished an affidavit stating that all potential lien claimants have been paid.
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When should a Florida mechanics' lien Claim be filed?
A Florida claim of lien must be filed within 90 days of the last work performed on the project.
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How much does it cost to file a Florida mechanics' lien Claim?
LienItNow.com prepares, files and serves Florida mechanics' liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien) for a fee of $290.00. Pre-notices are not included in the $290.00 price, but can be filed for a fee of $50.00.
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Do I need a written contract in order to file a Florida Mechanics Lien Claim?
No. Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing a Florida construction lien.
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How does filing a Florida mechanics' lien Claim help me get my money?
On a private project, the Florida mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the Florida mechanics lien.
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What is a Florida Stop Notice and why should it be filed?
LienItNow.com prepares and serves Florida Stop Notices for a fee of $125.00. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is an Amendment to a Florida mechanics' lien Claim?
LienItNow.com prepares, files and serves Florida Amendments to mechanics' lien Claims for a fee of $250.00. Amendments to a mechanics' lien claim are often needed when something about the claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should a Florida Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Florida Discharges of mechanics' lien Claims for a fee of $85.00. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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How much does it cost to file an Florida Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Florida law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on a Florida Project?
LienItNow.com prepares, files and serves Florida Bond Claims for a fee of $275.00. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against a Florida payment bond?
LienItNow.com prepares, files and serves Florida Pre-Notices for bond claims for a fee of $50.00. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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