Among the hottest and most relevant blog and article topics is the subject of construction liens. No matter the quantity or ubiquity of such articles, construction liens are and will always be among the most highly discussed topics in the construction industry. This is because of the tremendous extra-contractual power legislators granted those not in direct privity of contract with property owners – the lower-tiered lien claimants. While contractors also possess the same ability to impress upon an owner’s real property a construction lien in the event of non-payment, the strength lower-tiered lienors possess in the event of non-payment is virtually unparalleled when compared to just about every other area of the law. But, in order for lower-tiered lienors to take advantage of such power, they must fully and completely comply with all notice requirements as part of the lien perfection process. The same holds true for contractors, albeit with slightly fewer lien perfection considerations. Continue reading “Construction Liens in Florida – The Timing and Manner of Perfection are Critical”
As construction lawyers asserting lien claims, we commonly have our opponents recite the maxim “construction lien statutes must be given a strict reading,” leading to an argument that a failure to follow the lien law’s very technical requirements leads to a windfall victory for the other party. While leading to unmercifully unfair results in many instances, courts give little deference to claimants who have failed to jump through the statutory hoops necessary to perfect their lien claims.
Suppose for a moment that you’re a supplier on a large commercial construction project, supplying drywall materials to the drywall subcontractor. At some point during the project, the drywall subcontractor defaults and the general contractor begins purchasing drywall materials directly from you. Continue reading “Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed”