| A mechanic's lien is a common but easily preventable | | | | should receive a Release of Lien from every supplier, |
| occurrence for many Florida property owners. This | | | | contractor and subcontractor, which covers the |
| type of lien is filed against a property when a | | | | materials used and the work performed on the project. |
| contractor fails to pay one of their suppliers, | | | | The Release of Lien is a written statement that |
| subcontractors or laborers for property improvements. | | | | removes the property from the threat of lien. |
| The mechanics lien is a cloud on the property's title and | | | | If the contract requires partial payments be made |
| can prevent or delay the sale or refinancing of the | | | | before the work is completed in full, the get a Partial |
| property until the mechanic's lien is paid. | | | | Release of Lien covering all workers and materials |
| Often a mechanic's lien is discovered long after it's | | | | used up to that point in time. |
| been filed in the public records, but by taking a few | | | | Before final payment, obtain an affidavit from the |
| proactive measures in accordance with Florida's | | | | contractor that specifies all unpaid parties who |
| Construction Lien Law, property owners can ensure | | | | performed labor or services, or provided materials to |
| their properties are protected from the burdens | | | | the property. Make sure the contractor obtains |
| imposed by such mechanic's liens. | | | | releases from all of these parties before making final |
| Notice of Commencement | | | | payment. |
| File a Notice of Commencement before beginning any | | | | Notice of Termination of Notice of Commencement |
| home construction or remodeling project. Record the | | | | At the end of the project and after the contractor is |
| form with the Clerk of the Circuit Court in the county | | | | paid in full and obtained all of the necessary Releases |
| where the property being improved is located. Post a | | | | of Lien and affidavits as described above are |
| certified copy at the job site, too. | | | | obtained, file a Notice of Termination of Notice of |
| The Notice notes the property owner's intent to begin | | | | Commencement with the Clerk of the Circuit Court in |
| improvements, the location of the property, description | | | | the county where the property being improved is |
| of the work and the amount of bond (if any). It also | | | | located. |
| identifies the property owner, contractor, surety, lender | | | | The information in this article is of a general nature only |
| and other pertinent information. | | | | and is not intended to be relied upon as, nor a |
| A property owner who fails to record a Notice of | | | | substitute for, specific professional advice. No |
| Commencement or incorrect information on the Notice | | | | responsibility for the loss occasioned to any purpose |
| could result in having to pay twice for the same work | | | | acting on or refraining from action as a result of any |
| or materials. | | | | material in this publication can be accepted. |
| Request a list of all subcontractors and suppliers who | | | | The hiring of a lawyer is an important decision that |
| have a contract with the contractor to provide | | | | should not be based solely on advertisements. Before |
| services or materials to the property. | | | | you decide, ask us to send you free written |
| Releases of Lien | | | | information about our qualifications and experience. |
| Prior to making any payment, the property owner | | | | |