Liens & Notice of Commencement
Information Concerning Florida's Construction Lien Law
Per Florida Statute 713, you are subject to attachment of your property if persons who work on your property are not paid for the labor, materials or other services that may be provided in connection to your project. This means that if your hire a contractor and he/she does not pay his/her suppliers, and subcontractors, you may be held liable for any unpaid bills. In order to alleviate this situation, it is suggested that you ask your contractor for a "Release of Lien" form, which eliminates your property from the threat of lien proceedings.
Once work has begun, if partial payments are requested from your contractor, ask for a "Partial Release of Lien" to cover all supplies and labor expended to that point. Before the final payment is made to your contractor, make sure your contractor obtains and provides a copy to you, of releases he has obtained from all parties involved with the project. You can have this stipulation placed in the contract so that you are not held responsible for obtaining these releases yourself. For more information, you can call the Construction Industry Licensing Board of the Department of Professional and Business Regulation at 904-727-6530, or click here to access FSS 713 and Chapter 2003-177, H.B. 1719.
Notices of Commencement
In accordance with Section 713.13 (1) (h) of the Florida Statutes, a "Notice of Commencement" must be filed with the Clerk of the Circuit Court prior to commencement of construction of a project, and a certified copy or affidavit attesting to the recording of the Notice of Commencement, must be posted at the job site. This notice contains detailed information about the project such as property owner, financial institution, job site address, contractor, etc., and protects the property owner's title to the property.