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 Request for Sworn Statement of Account by Contractor -...

Tampa Florida Request for Sworn Statement of Account by Contractor - Corporation or LLC

Name: Tampa Florida Request for Sworn Statement of Account by Contractor - Corporation or LLC
Brand: US Legal Forms
Rating: 4.85 (208 reviews)

Category:

Florida Liens - Construction - Mechanics

State:

Florida

City:

Tampa

Control #:

FL-03238A

Format:

Instant download

Description

This Request for Sworn Statement of Account by Contractor form is for use by a corporate or LLC contractor to demand from a lienor a written statement under oath of its 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, for the improvement of real property.

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FAQ

Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following parties do not have any rights to file a Florida mechanics lien: Sub-sub-subcontractors (those hired by sub-subs) Suppliers to suppliers.

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?).

UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

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.

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.

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.

The Final Payment Affidavit is a sworn statement that serves as a comprehensive outline, issued after completion of a project, to notify the property owner of how much money is still owed for materials and services provided.

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.

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.

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Tampa Florida Request for Sworn Statement of Account by Contractor - Corporation or LLC

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FAQ

Can a contractor file a lien without a contract in Florida?

Who can file a construction lien in Florida?

How long is a claim of lien good for in Florida?

What is a sworn statement of account Florida?

Can you file a lien in Florida without a contract?

Can a contractor file a lien in Florida?

What is a final payment affidavit Florida?

When can a contractor file a lien in Florida?

How do I fight a contractor's lien in Florida?

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What is a Sworn Statement of Account?

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