What to Know About Construction Lien Law
Many Florida homeowners count on general contractors to repair and add on to their homes. They may even call on construction professionals to build them pools.
Contractors often use subcontractors and suppliers to assist with these projects. This is something you need to be concerned about as a homeowner. Your home is likely your biggest investment, so you need to do what you can to protect it.
Florida’s laws could put your home at risk. The state’s laws could make it so that there is a lien on your home for unpaid contractor bills – even if the unpaid bills are disputed.
This is the truth. Homeowners can be held liable for a contractor’s actions under Florida’s construction lien law. And this law is nothing new. Florida has had a construction lien law in place for decades.
In fact, the statute says that those who work on your property or provide materials and services and are not paid in full have a right to enforce their claim for payment. This means that they can go after your property with a lien. If a lien is filed against your property, your property could be sold.
Fortunately, there are several things you can do to protect yourself.
Start by asking for a payment affidavit when you make any payments to a contractor. This affidavit payment should be included any time there’s a progress payment or final payment. It will have information such as who the contractor has hired as a subcontractor or material supplier and if they still owe money to anyone. That will help the property owner protect themselves and potentially prevent liens from coming.
It is also recommended that you request lien waivers from a contractor and any subcontractors. This is a written statement that removes your property from the threat of lien. However, you need to be consistent, as this step must be taken with each payment made.
Given the complexities of the law, you should also consider seeking legal advice if you find yourself in a situation where you are facing the threat of a lien on your property. It’s something that can definitely surprise people. They have made the required payments to the contractor. Ultimately, though, the homeowner could potentially be on the hook paying for the same thing twice. This can seem extremely unfair, but that is the way the state laws are currently written,
Contact a Business Lawyer Today
Homeowners need to know about Florida construction laws so they can protect their home.
A Bradenton business litigation lawyer from Cahall Law Firm can help you understand your legal rights and help you file a claim, if necessary. To schedule a consultation, call (941) 281-2019 or fill out the online form.
Source:
wtsp.com/article/news/verify/florida-homeowners-contractors-unpaid-bills-verify/67-2b7d283c-6436-4a68-8596-4a5ec5eec78d
