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Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
Demand That the Contractor Release the Mechanic's Lien. Filing a Petition With the Courts. Contact a Fort Lauderdale Real Estate Attorney for Help Today.
Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less, and in many cases, if a notice to owner has not been served in time, during the course of construction, it may not be possible to file a valid lien claim in Florida.
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
Bonding Company. The first step in filing your surety bond claim is to find out who bonded the offender. Make Contact. Maintain Contact.
Satisfaction of a Claim of Lien A claim of lien may be removed from a property by extinguishment, by recording a satisfaction in the clerk's office after settlement of the debt, or by discharge based on court order.
Florida construction law gives mechanics lien rights to direct contractors, subcontractors, material suppliers, equipment lessors, and laborers when they perform work for the permanent benefit of land or real property (as per §713.01(15) definition of improvement).
If a general contractor refuses to pay his subcontractors, they can make a claim against the payment bond. The surety company will pay out the subcontractors for at least part of their money and take the contractor to court.