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Miami, Florida

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Be cautious when it comes to Florida construction liens

Miami business owners work hard to become experts in their field. From knowing the details of how to succeed in each project, to knowing the different players involved, there is no shortage of information that must be learned to turn a profit on a consistent basis.

When things go wrong during a construction project, however, business owners can find themselves overwhelmed in an entirely unfamiliar world. Namely, a construction dispute can quickly turn into a situation where construction litigation is necessary, which brings along with it some very complex legal issues.

A good example of this is the law of construction liens. Florida law contains specific procedures that must be followed for a person or entity to claim and enforce a construction lien. If these procedures are not strictly followed, it can result in the lien being unenforceable.

For instance, there are notice provisions that apply, whereby parties that do not contract directly with a property owner must serve notice within 45 days of furnishing material or labors to the project. The notice not only must be sent within the limited time period, it also must contain certain information contained in the statute.

Once a party has a lien, it is only effective for a certain period of time. During that period, the party must take steps to foreclose upon the property and the lien; otherwise, the lien will be lost. Once again, there are strict time periods that apply in terms of when the foreclosure action must take place.

Ultimately, construction liens can be very complex and technical. Accordingly, whether a person is interested in obtaining and enforcing a lien, or defending against one, they should understand the statutory procedures that apply in their case and how these procedures should be followed.

Source: Leg.state.FL.us, “Chapter 713,” accessed on Oct. 3, 2015

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