Florida Construction Defect Claims and Defense

A lien is a charge on real property used to secure payment for those who have furnished labor, materials or services to a project. Under Chapter 713, Florida Statutes, liens are affidavits prepared under oath by the lienor stating that the lienor has provided labor, material, supplies or services to improve real property and has not been paid.

There are several requirements for a Claim of Lien: (1) the Claim of Lien must be recorded in the county where the real property is located; (2) the Claim of Lien must follow the statutory form of Florida Statute Section 713 which includes name and address of the lienor, description of the property, name of the owner, date the lienor commenced improvements, date the lienor last furnished labor, materials or services, and the amount remaining unpaid. Be careful not to include damages for lost profit and damages for delay as they cannot be included in the lien amount.

A Claim of lien may not be recorded more than ninety (90) days after the final furnishing of labor, materials or services. Also, note that corrective or repair work does not toll the running of the ninety (90) day period. In order to foreclose a construction lien, the party attempting to foreclose must file suit within one year of the date the Claim of Lien was filed.

Our firm can assist you in complying with the technical requirements of Florida Statute Section 713 and in foreclosing claims of liens.

Ray Garcia, Esq.

Board Certified in Real Estate Law

by the Florida Bar

www.raygarcialaw.com