Sarasota Construction Liens Lawyer
Contractors, subcontractors, and suppliers all play very important roles in the construction industry. They perform demanding work that is exhausting, and at times, extremely dangerous. They deserve compensation for their time and effort, but disputes can arise that interfere with them receiving the payment they are due. In these instances, construction liens are a very powerful tool that hold property owners liable for making the required payments. Below, our Sarasota construction liens lawyer explains the necessary forms and outlines the steps in the process so you are properly prepared.
What is a Construction Lien?
Also known as mechanics’ liens, construction liens are legal claims placed against a property when property owners fail to pay for materials, labor, or services during the construction or improvement of the property. By placing a claim on a property, contractors, subcontractors, and others involved in construction projects can ensure that they receive compensation for their work. If a construction lien is placed onto a property and the property owner still does not pay their debt, the property could face foreclosure. If the property is sold in a foreclosure sale, the proceeds can be used to pay contractors and others for their services, supplies, or labor.
Steps Involved in Filing a Construction Lien
There are many steps involved in filing a construction lien and as with any legal process, they can be complex. This is particularly true if you have never filed a construction lien before. The steps involved are as follows:
- Notice to owner: You must provide the owner with notice of the lien either before you record it with the county clerk’s office or within 15 days after you have filed the lien. If you fail to provide this timely notice, you may not be able to pursue remedies, including foreclosure. The notice must include important information such as a description of the property, the names and contact information of all parties involved, and more. Failing to include the necessary information can also bar you from action, so it is important to speak to a Sarasota construction liens lawyer who can help you prepare the notice.
- Record the lien: Liens are recorded with the local county clerks. Liens are filed in the same county as the address of the property. Filing fees are required when recording a lien.
- Filing an amended lien: Depending on the scope and timing of the project, you may need to file an amended lien. This may reflect additional materials or labor you provided and the unpaid amounts incurred for them.
- Enforcing the lien: After you have recorded the lien with the county clerk, you have one year to enforce it. This involves filing a civil lawsuit to obtain a judgement lien.
Our Construction Liens Lawyer in Sarasota Can Help You Through the Process
Obtaining a lien to recover non-payment for services, labor, and materials is possible, but it is never easy. At The Cahall Law Firm, PLLC, our Sarasota construction liens lawyer can help you navigate the process so no deadlines are missed and you receive the best outcome possible. Call us today or contact us online to schedule a consultation and to learn more about how we can help.
