Construction Law
What You Should Know About Filing a Mechanics Lien in Florida Part 5
Mechanics liens are a longstanding part of the construction industry, but they come with countless deadlines and complexities. Even the most experienced construction professionals tend to find lien law confusing, so our Orlando construction attorneys have provided a five-part series dedicated to mechanics liens here in Florida.
This is the fifth and final segment, so we recommend reading What You Should Know About Mechanics Liens in Florida Part 1, Part 2, Part 3, and Part 4 if you have not yet.
Don’t Accidentally Give Up Your Lien Rights
Though lien law is meant to protect you, neglecting any aspect of lien procedure can cost you your lien rights. If there is one thing our Orlando construction attorneys cannot stress enough, it is making sure you do not forget to cross any T’s or dot any I’s.
Keep in mind all of the requirements discussed in previous sections. Do not miss any deadlines. Make sure your lien form is specific to Florida, as each state has unique requirements and a different lien form.
Your lien form must be written in the correct language and needs to make clear who is making the claim against whom. The lien form must have a transparent reason why the lien is being filed, a legal property description, and a laundry list of other items.
Don’t Exaggerate Your Lien Claim
You may be in the right to seek payment, but trying to claim more than is rightfully yours can flip the situation on its head.
In Florida, it is a third degree felony to file a fraudulent mechanics lien. It is never a good idea to exaggerate, falsify information, or push your luck when you are filing a lien, but it is an especially bad idea in the Sunshine State.
It is important to realize that you are not allowed to include any of the following within a mechanics lien:
- Attorney fees
- Lien fees
- Interest
- Claims/lost profits on unperformed work
- Unapproved change orders
- Any legally theoretical claims
Some of these amounts may be recoverable in litigation, but they should never be included on the lien. A lien is statutorily limited to the value of the permanent improvement you made to the property.
Work With An Experienced Orlando Construction Attorney
Filing a mechanics lien is a complex process governed by an array of rules and regulations. Cotney Attorneys & Consultants is passionate about the construction industry, and our attorneys have a combined 100+ years of construction law experience.
If you would like to speak with one of our Orlando construction attorneys, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.