Arguably the most important of these are the notice to owner, which creates privity with the owner, and the claim of lien, which establishes a lienor’s claim against the owner’s property. There are numerous others as well, and they fall into three general categories: before construction, during construction, and when things go wrong.
Landlord Protection Against Construction Liens Arising from Work ...
The notice of commencement section of the Florida construction lien law, §713.13, was amended to clarify that the tenant should be listed as the owner in the notice of commencement when the tenant has contracted for the improvements with a statement that the ownership interest is a leasehold interest.
Florida Construction Liens: Representing the Residential Owner
In addition, it is usually helpful to create and maintain a spreadsheet for notices to owner and claims of lien.
Statutes Affecting Florida Construction
https://www.floridabar.org/the-florida-bar-journal/statutes-affecting-florida-construction/
This notice, which an owner is statutorily required to execute, gives all potential lienors the information they need to serve a notice to owner, a prerequisite for non-privity lienors to claim a lien against an owner’s property in case of non-payment.
Practical Solutions to the Problems Resulting from the Real Life ...
To do so, the owner is required to attach and record a copy of the bond with the notice of commencement prior to the beginning of construction. The owner must also identify the surety and the nature of the bond within the notice of commencement.
“Here Comes the Money”: A Subcontractor’s and ... - The Florida Bar
Following recording, the claim of lien should be promptly served by certified mail, return receipt requested, on all of the applicable parties listed in the notice of commencement.
The 1996 Amendments to the Florida Construction Lien Law
Service of notices or copies thereof, permitted or required under this part, may be made by facsimile phone number in the notice of commencement. The owner must be served with the notice to owner in the manner specified in Subsection (2) of this Section.
When is a “Final Construction Lien Release” Really Final?
One consequence of giving a statutory waiver and release of lien upon final payment is that the owner is not obliged to serve a notice of termination of notice of commencement on the lienor who has given the waiver and release of lien upon final payment. 11 One could argue that this provision in pari materia supports the position that there are ...
Consumer Pamphlet: Building a Home
https://www.floridabar.org/public/consumer/pamphlet005/
If you receive a “Notice to Owner” (See “Lien documents” below), you have an obligation to obtain a signed lien release or waiver from each person sending that notice to you each and every time you make further payments to your contactor.
How to Comply with Chapter 558 Florida Statutes ... - The Florida Bar
F.S. Ch. 558 requires an owner (claimant) to give notice and an opportunity to cure with respect to a building defect (s).