A mechanic’s lien or construction lien is an effective tool construction professionals can use if they don’t get paid for their work. Per Fla. Stat. § 713.001, licensed contractors and other construction professionals may pursue a construction lien so long as they abide by the law’s rules and regulations. This means filing a lien within the specified time period and understanding the restrictions for how long a lien lasts.
When You Can File a Mechanic’s Lien
Licensed Florida contractors may file a mechanic’s lien before, during, or for a limited time after work on a construction project begins so long as it is filed lawfully and in accordance with statutory requirements for perfecting the lien. Be sure to consult with a construction attorney if you plan to file a mechanic’s lien.
The latest a contractor can file a construction lien to recover payment on an overdue invoice is 90 days from either:
● The last date the claimant furnished labor or materials to the project; or
● The termination of the original (prime) contract.
How Long is a Mechanic’s Lien Valid?
In most situations, a mechanic’s lien in Florida is valid for one year after it was recorded, though the time limit may be extended or shortened depending on the circumstances. To make any modifications to a lien’s length, you would be required to file an amended lien claim or commence an action in court.
A mechanic’s lien is an effective method for recovered owed compensation in the construction industry. Before pursuing one against a client, be sure to consult with a Florida construction attorney. To learn more about how we can help protect your business interests, contact us at Quintana Law, PA.