Under Florida’s construction lien law, a claim of lien must be served on the property owner either before recording or within 15 days of recording. Failure to do so makes the claim of lien voidable to the extent the failure to serve or any delays in service prejudice the property owner. To make this process more nerve-wracking, Florida’s construction lien law also specifies the ways to properly serve a lien and where it can be sent. And a recent court decision confirms whether service is valid when the homeowner refuses to pick up the lien.
Read moreBe Careful: How to Sign Construction Liens to Avoid Personal Liability
Find out how a contractor’s failure to fill out and sign a construction lien properly nearly cost him $75,000.00, plus a lot of time and attorneys’ fees.
Read moreFlorida Enacts Changes to Contractor Licensing Requirements
On July 1, 2020, the Occupational Freedom and Opportunity Act became law in the state of the Florida. The Act modifies many existing licensing requirements within the state, across a broad range of professions, from architects to veterinarians. The purpose for the act was to “remove unneccessary barriers for individuals pursuing their professional aspirations.” The biggest practical impact on Florida’s contractors will be new reciprocity provisions within the statute and reduce continuing education requirements for electrical contractors.
Read moreNew Court Decision Confirms That Contractors' Liens Are (Generally) Valid Even if the Notice of Commencement is Defective
Yesterday, Florida’s Second District Court of Appeal confirmed the important of notices of commencement in a decision that clarified the impact of a defective notice of commencement on a contractor’s lien.
Read moreAnatomy of a Remodel Gone Bad
A recent final judgment entered in Miami is a textbook example of what can go wrong when you mix a bad contract, a demanding homeowner, an angry contractor, and a remodeling project gone sideways.
Read moreHow to Avoid Personal Liability for a Fraudulent Lien
There are many benefits to using a corporation when operating a construction business. Avoiding personal liability for improper liens is just one of them.
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