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Can You File a Lien on Lease Property?

December 20, 2017

When one works on leased property, they may only they be able to lien the leasehold interest in some circumstances. The mechanic’s lien law, F.S. 713.10, allows a landlord to protect his property from liens from lessee’s construction by following a two-step process: One, having a provision in his lease read more...

The Miller Act’s Impact on Fort Lauderdale Contractors

November 16, 2017

What is the Miller Act? In 1893, the United States government enacted a law known as the Heard Act. This Act stated that any construction company performing work for the U.S. government must carry a performance bond. Later, this Act was changed to include a bond securing payment for all read more...

Changes: 2013 Lien & Foreclosure Laws

June 15, 2017

As the state with the largest inventory of backlogged foreclosures, Florida also has one of the longest foreclosure timelines in the country. In 2013, the State Legislature took steps to remedy the slow pace and mounting backlog by passing House Bill 87, also known as the Florida Fair Foreclosure Act read more...

What is a Notice of Commencement?

June 4, 2017

Chapter 713 of the Florida Statutes covers construction liens, or mechanic’s liens. This law has certain requirements specified that protect contractors, subcontractors, sub-subcontractors and suppliers with provisions for timely payment and for enforcing liens on property in the event of non-payment. There are also safeguards for property owners from having read more...

Two contracts; Two mechanic’s liens

September 2, 2016

EXPLAINING THE PROCESS Clients sometimes ask us whether they need to do two (2) separate mechanic’s liens when they have two (2) small contracts on the same project in Fort Lauderdale or Hollywood. They call hoping that the answer will be that they can get away with one (1) lien. This read more...

Public property and lien rights

August 19, 2016

THEY OFTEN DON’T EXIST. BUT THERE’S AN EXCEPTION. If you’re working on public property in Florida, you usually have no lien rights. As a substitute to lien rights a payment bond may be available. However, sometimes there are still rights where one thought there might be none. If the work on read more...

Foreclosing on Smaller Liens

July 14, 2016

PROCESS ONCE WAS MUCH MORE COMPLICATED Lienors are now able to foreclose on mechanic’s liens under $15,000. Broward County Court may provide a more amicable, quicker and less expensive forum than Circuit Court for liens under $15,000. In the past, foreclosing on smaller construction liens in the Fort Lauderdale area read more...

Don’t assume you have lien rights

July 2, 2016

Today’s construction projects have become more treacherous, requiring suppliers and subcontractors performing on them to be more careful in determining what their position is in relation to the owner and general contractor. This elevated level of caution from their Fort Lauderdale attorneys helps them ensure that they protect their rights read more...

Liens and the Proper Payment Act in Broward County

June 27, 2016

Despite the myriad of pitfalls and obstacles created by Florida’s Legislature designed to protect Broward County lienors in their claims against the owners and their right to attorney’s fees should they prevail on a lien foreclosure action, there remains a bastion or safe haven for the owner in the rubric read more...

How to protect your lien rights

March 30, 2016

WHERE SHOULD YOU APPLY THE MONEY? Florida’s Mechanic’s Lien Law requires that those paying money and those receiving money should designate and should inquire, respectively, where the money is to be applied. Failure to do so can result in loss of lien rights. Specifically, Florida Statute 713.14 deals with designation read more...