Tel. (352) 394-1000     Email: edwardpjordan@cfl.rr.com

Edward P. Jordan II, P.A. represents developers, owners, design professionals, contractors and sub-contractors in the public and private sectors of construction law. The firm's constructions law department has substantial experience in all areas of construction law, including contract preparation, review, negotiation, construction and mechanics' liens, bond claims and insurance related issues. We are equally prepared to prosecute and defend client's claims.

Additionally, our firm provides such services as preparation, service, and recordation of Notice to Owners, Claim of Liens, Satisfaction of Liens, as well as all other aspects of construction lien law in Florida.

We appreciate the opportunity of Leading You Through The Law concerning procedures for perfecting lien rights in the State of Florida. Upon your review of the process below, please feel free to contact our firm with any questions you may have. Additionally, you may access the Florida Statutes referenced below which govern the construction lien law by utilizing our "Links to Law" located on our home page.

A construction lien is a claimable charge against real estate to secure a debt incurred for the improvement of real property. Liens can be valuable legal tools as long as certain procedural requirements are satisfied. The purpose of lien law in Florida is to give security to the contractors, subcontractor or material supplier for a debt incurred for furnishing or installing a product where the product itself cannot be retained to secure payment of the debt. Florida's construction lien law is governed almost exclusively by Fla. Stat. §713 (1999).

General Contractors - Prior to beginning work, all contractors should review the Notice of Commencement to verify ownership of the property. The Notice of Commencement is required to be recorded in the public records of the county where the project is located pursuant to Fla. Stat. § 713.13 (1999). A copy of the Notice of Commencement must also be posted at the job site. The Notice to Owner will provide information concerning the owner's identity, the legal bounds of the property and all persons who are to receive notices and claims under the lien statute.

For those contracting directly with the owner, there is no requirement to furnish a 45-day Notice to Owner (as referenced below) under the lien statute. Therefore, the first step in perfecting a general contractor's lien is the recordation of a Claim of Lien.

A Claim of Lien must be recorded in the county where the property is located within 90 days of the final furnishing of labor, services or materials. A copy of the Claim of Lien must be served on the owner and others identified in the Notice of Commencement within 15 days of recording. At least 5 days prior to the institution of a lawsuit to enforce the lien, the contractor must serve the owner with a Contractor's Final Affidavit which provides the names and amounts of unpaid lienors. Service of a Contractor's Final Affidavit is a requisite to filing suit to foreclose a construction lien.

Sub-Contractors - A Notice to Owner must be sent by certified mail/return receipt requested. The Notice to Owner must be received by the owner within the earliest of the following time periods:

1. 45 days of first furnishing labor, services or materials;
   
2. Before final payment is made by the owner in reliance on the Contractor's Final Affidavit.

A copy of the Notice to Owner must also be served on the Contractor and any lender identified in the Notice of Commencement. Thereafter, a Claim of Lien must be recorded in the county where the property is located within 90 days of the final furnishing of labor, services or materials. A copy of the Claim of Lien must be served on the owner and others identified in the Notice of Commencement within 15 days of recording.

If our firm can be of assistance in preparing, serving and/or recording Notices to Owners and/or Claims of Liens for your company, please do not hesitate to contact our office. We offer competitive pricing and quality service. We are eager to serve you.