Can you file a lien in Florida without a contract?

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

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Florida Owner's Sworn Statement Concerning Direct Contracts Form -...

Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC

Name: Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC
Brand: US Legal Forms
Rating: 4.71 (436 reviews)

Category:

Liens - Construction - Mechanics

State:

Florida

City:

Palm Bay

Control #:

FL-03224A

Format:

Instant download

Description

This is a form for a corporate or LLC owner to respond to a request from a lienor to the owner of a sworn statement of the amount of all direct contracts; the amount paid by or on behalf of the owner for all labor, services, and materials furnished pursuant to the direct contracts; the dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in any direct contracts; and the reasonable estimated costs of completing, according to the terms and specifications of same, any direct contract under which construction has ceased.

Keywords: Palm Bay Florida, owner's sworn statement, construction, mechanic liens, corporation, LLC, direct contracts Introduction: The Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form Constructionio— - Mechanic Liens - Corporation or LLC is a vital legal document that serves as a declaration by the owner of a construction project in Palm Bay, Florida, who is operating as a corporation or limited liability company (LLC). This statement is commonly required in the construction industry to prevent mechanic liens and ensure transparency between the owner and contractors. Below, we will discuss the different types of Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Forms pertaining to corporations and LCS in more detail. 1. Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form for Corporations: This particular form caters to construction projects in Palm Bay, Florida that are owned and managed by corporations. It specifically addresses the legal requirements and responsibilities of corporations when it comes to direct contracts and the prevention of mechanic liens. Corporations must complete and submit this form accurately to comply with state regulations and protect their interests during the construction process. 2. Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form for LCS: Designed for limited liability companies (LCS) involved in construction projects in Palm Bay, Florida, this form serves as a declaration of the LLC owner's financial obligations and direct contracts concerning the project. By providing this information, the LLC owner demonstrates transparency and ensures that mechanics or material suppliers cannot file liens against the property or assets of the LLC. Key Components of the Form: To complete the Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form Constructionio— - Mechanic Liens - Corporation or LLC, it is important to include the following details: 1. Owner's Information: — The full legal name of the owner, whether an individual or a corporation/LLC. — Contact information, including address, phone number, and email. — Specific identification as either a corporation or an LLC. 2. Project Information: — Comprehensive description of the construction project, including address, property details, and scope of work. — Name and contact information of the general contractor, if applicable. 3. Direct Contracts: — Detailed list of all direct contracts with contractors or subcontractors related to the project. — Contract details, such as names, addresses, and scope of services. 4. Statement and Sworn Oath: — A declaration that the owner has paid or will pay the contracted amounts to the contractors/subcontractors mentioned in the form. — A sworn oath asserting that all the information provided in the form is true and accurate. Conclusion: The Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form for Construction is crucial in maintaining transparency and preventing mechanic liens on construction projects. Incorporated into this form are specific versions for corporations and LCS, catering to the unique requirements and responsibilities of each entity. By completing this form correctly and promptly, project owners in Palm Bay can mitigate potential legal issues and ensure a smooth construction process, safeguarding both their interests and the integrity of the project.

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How to fill out Palm Bay Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation Or LLC?

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FAQ

Know your deadline to file a Florida mechanics lien Lien claims can be recorded at any time during the construction project or within 90 days after the last day you furnished labor or materials to the property.

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

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.

Filing your own lien in Florida has varying costs. Depending on the supporting documentation and length of your lien paperwork, it can cost as little as $10 for the first page and an additional $8.50 for each additional page.

Those who can record a lien include tradesmen like roofers, electricians, and plumbers. Judgments are also liens along with Uniform Commercial Code Financing Statements or UCC-1 statements. But they must be properly recorded and filed in the right place.

Unlicensed Florida contractors (and subcontractors) cannot file a valid lien if licensure is required for their work. For laborers or materialmen ? there is generally no requirement for licensure.

Who can file a Florida Mechanics Lien? 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?).

Per Florida Statutes 713.16, the sworn statement of account is a written statement that documents the nature of the labor or services performed or to be performed, materials supplied or to be supplied, current amount paid on the account, amount due and amount to become due as stated by the lienor.

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.

Interesting Questions

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Completing the Sales and Use Tax Return, form DR-15, when taking the Enterprise. An arbitration provision in a deed runs with the land and will force a subsequent owner to arbitrate construction defect claims.Grand Palace View, LLC v. For wind mitigation grant, RCMP16- 008.

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Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC

Owner's Sworn Statement Concerning Direct Contracts Form
FL-03224

Note: This summary is not intended to be an all inclusive summary.

Demand for copy of contract and statements of account; form.--

(1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract. If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby. The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it. The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places.

(2) The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner. The failure or refusal to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien. The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed prior to the date the demand for statement is received by the lienor.

(3) A request for sworn statement of account must be in substantially the following form: See form FL-03223.

(4) When a contractor has furnished a payment bond pursuant to s. 713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond. The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

(5) Any lienor who has filed a claim of lien may make written demand on the owner for a written statement under oath showing the amount of all direct contracts; the amount paid by or on behalf of the owner for all labor, services, and materials furnished pursuant to the direct contracts; the dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in any direct contracts; and the reasonable estimated costs of completing, according to the terms and specifications of same, any direct contract under which construction has ceased. If known, the actual cost of completion must be provided. Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney's fees under s. 713.29. The written demand must include the following warning in conspicuous type in substantially the following form:
WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

(6) For purposes of this section, the term "information" means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor's account. The failure to furnish the statement under oath does not constitute an omission of information and shall deprive the lienor of his or her lien. 713.16

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