Contractors and Florida Construction Liens

Anyone who works on your property or provides materials, and is not fully compensated, may have a right to enforce a claim for payment against your property. Construction liens are foreclosed in the same method as mortgages; however, there are differences. Construction liens must be based on actual improvements made to the property, the lien must be filed within ninety days of last furnishing services or materials to the property, and the suit to foreclose must be foreclosed within one year of the date of filing of the lien. Also, a final contractor’s affidavit must be filed at least five days prior to filing a complaint.

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Marble Unlimited, Inc. v. Weston Real Estate Inv. Corp., 4D11-3113 (Fla. 4th DCA 2013):

Marble Unlimited, Inc. (“Marble”) is a granite countertop subcontractor. In 2003, Marble contracted with Weston Real Estate Investment Corporation (“Weston Investment”) to renovate buildings within a condominium complex. Marble completed renovations on the contracted buildings and received payment. In August 2006, Marble entered into two separate contracts for work on building 9 of the complex. As with prior contracts, Weston Investment was identified as the owner.  The contracts were signed by an officer of Weston Investment, John Genoni. A lien issue arose between Marble and Weston Investment. (more…)

Premier Finishes, Inc. v. Maggirias, 2D13-1340 (Fla. 2d DCA 2013):

In April 2011, Premier, under the fictitious name PFI Construction, entered into a contract with a family trust to build a house. In August 2012, Premier filed a complaint against Maggirias, the trustee. Premier alleged they had substantially completed performance pursuant to the contract when Maggirias wrongfully terminated them and failed to pay the outstanding balance due. Premier recorded a notice of lis pendens and a claim of lien, which they sought to foreclose.

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