Florida Liens Resource
What to Do After You Record a Florida
Things to Be Aware Of Regarding Your Lien
Liens can be invalidated after the fact.
- Be aware that if you receive a request for a copy of contract or sworn statement of account, failure to provide a timely response can invalidate your lien.
- Be aware that if you receive a request for a list of subcontractors or suppliers, failure to provide a timely response can also invalidate your lien
Liens can be assigned.
- Assigning a lien can help obtain payment from a general contractor or other party who has a lien that includes your work.
- Any such assignment needs to be recorded
Liens can be transferred from the property in question to bonds.
- The effect of a lien transference is to remove the lien from the property and to secure it with a bond. The amount of the bond is equal to the lien, plus three year’s interest, plus attorney fees in an amount equal to 25% of the lien. This formula is the starting point to calculate the bond value, and there is no cap on the amount of attorney fees that can be recovered.
- Any lien transferred to a bond must still be enforced within the current timeline of the lien, but the lien must be foreclosed against the bond instead of the property.
- If you take action to enforce the lien, you can ask the court to increase the amount of the bond.
Other Construction Lien Law Information