Resolving Construction Claims and Disputes

Construction a/k/a Contractor's Liens are created by Florida Statutes Ch. 713. The Statute gives any construction contractor the right to record a Claim of Lien against your real property for the amount a contractor claims he is owed by the property owner for labor, materials or services furnished to your property. This applies equally to both residential and commercial properties. If properly recorded and perfected, a Contractor's Lien is tantamount to a mortgage and permits the contractor to file suit to "foreclose" on the Lien and force a "judicial sale" of the property to pay the amount the claimed due in the Contractor's Lien. Therefore, the stakes are extremely high for the property owner. But there are important defenses available to the property owners who dispute the contractor's Construction Lien. Therefore, if a contractor has recorded, posted or served you with a "Claim of Lien" you must contact an experienced construction law attorney right away.

The LoCurto Law Firm, P.A., is a local construction law firm in Tallahassee, FL, that can help you defend yourself and your property against an actual or potential contractor claim of lien. Or if you are a property owner simply having a dispute with your Contractor because he has refused to finish the job, contact us today to see if we can help. We offer free consultations to help answer your questions.

Likewise, if you are a contractor, subcontractor, design professional, or material man who has furnished or provided labor, materials or services to a general contractor or to an owner's real property and the GC or owner has refused to pay you the agreed upon price or the final amount when due, then you have the right to record a Claim of Lien against the real property in the public records. However, your lien is not automatic and important steps must be followed for your claim of lien to become valid and enforceable in court. Every contractor should know that they only have 90 days to record and serve their Claim of Lien which begins to run on the date they last furnished labor or materials to the property and your lien rights expire automatically and forever if you do not record your lien in time.