How To Respond When a Mechanic’s Lien is Filed Against Your Property

Finding out that someone has filed a mechanic’s lien against your property can be pretty stressful. A lien can cloud your title, slow down refinancing or selling, and financially strain you. The good news is that Florida law gives property owners several tools to challenge, remove, or resolve a mechanic’s lien.

Below is a brief guide from Bleakley, Bavol, Denman & Grace on the steps you can take after a contractor, subcontractor, or supplier files a mechanic’s lien against your property.

What Is a Mechanic’s Lien in Florida?

A mechanic’s lien is a legal claim made by someone who has provided labor, materials, or services for a construction project but claims they haven’t been paid properly. This can be a contractor, subcontractor, or supplier. In Florida, filing a mechanic’s lien is allowed under Florida Statutes Chapter 713.

For a mechanic’s lien to be valid in Florida, the party must adhere to strict statutory rules, including:

• Sending required notices (such as a Notice to Owner for many subcontractors and suppliers)
• Filing the lien within 90 days of the last day of work or material delivery
• Serving a copy of the lien to the property owner within 15 days of filing it

What To Do About a Mechanic’s Lien Filed Against Your Property

Here are the steps to take after discovering that a mechanic’s lien has been filed against your property.

Step 1: Confirm the Validity of the Lien

Liens that are filed with errors or without adhering to the established rules are considered unenforceable and can be removed. Work with an attorney to check:

• Whether the lienor sent the required notices
• Whether the lien was filed on time
• Whether the claimed amount is accurate
• Whether the lien includes labor, services, or material that weren’t actually provided

Step 2: Ask for a Sworn Statement of Account

In Florida, you have the right to send a Sworn Statement of Account to a lienor to request detailed information about what you owe. Once you send the statement, the lender has 30 days to respond. If they don’t respond or provide a false statement, the lien becomes unenforceable and can be removed.

Step 3: Consider Filing a Notice of Contest of Lien

You can file a notice of Contest of Lien to reduce the lienholder’s deadline for filing a lawsuit from one year to just 60 days. If they fail to file a lawsuit within 60 days, their lien will automatically be discharged.

Step 4: Move the Lien to a Bond

If you are planning to sell or refinance your property, you can transfer the lien to a bond. This transfers the claim from your property to the bond instead. While this option does not eliminate the lien, it clears your title immediately, allowing the dispute to continue separately.

Step 5: Consider Negotiation

Many construction payment disputes are resolved through negotiation without going to court. Contact the lienholder to discuss a payment plan or a reduced settlement amount to release the lien.

Step 6: Contest the Lien in Court, If Necessary

If the lien is invalid or exaggerated, or the lienholder refuses to remove it, your attorney may recommend proceeding to court. A successful court challenge can not only allow you to remove the lien, but can also allow you to recover attorney fees.

Contact Us for Help

Our Tampa construction attorneys at Bleakley, Bavol, Denman & Grace understand Florida’s construction lien laws. We can help you assess the claim against you, respond properly, and determine the best path toward resolution. Contact us today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html