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.
Florida Construction Liens: Representing the Residential Owner
Even without abandonment by the contractor, an owner has the right, upon proper notice to the contractor and under certain conditions, to make payments directly to lienors. F.S. §713.06 (4) (2003) provides an order of payment priorities among competing lienors for the owner to follow safely.
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. 2012 Legislation.
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.
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.
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.
“Here Comes the Money”: A Subcontractor’s and ... - The Florida Bar
The purpose of the notice to owner is to apprise the owner of the lienor’s presence on the job so that the owner can protect itself from the possibility of paying over to its contractor monies which ought to go to an unpaid potential lienor who has previously provided work, labor, and/or materials. 12 In other words, the owner can prevent paying...
Special Statutory Proceedings for the Discharge of Construction Liens
While F.S. §713.21(4) requires the lienor to foreclose a claim of lien or show cause why the lien should not be discharged within 20 days, F.S. §713.22(2) permits an owner to shorten the one-year period in subsection (1) of the statute down to a period of 60 days by recording a “notice of contest of lien” in the clerk’s office.
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 ...
The 1996 Amendments to the Florida Construction Lien Law
The new section, §713.18 (3), now states: 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.