Category: Liens

Can You Lien For Work Without a Signed Change Order?

Obtaining a signed change order can be harder than doing the actual changed work. As a result, you may get to the end of a job with a number of change orders that have yet to be signed. Can you lien for those amounts? This is a tricky question and is subject to some debate. But the most conservative answer is that you should only lien for work that is contained in a change order executed by all parties. What if you have other documentation (letters, emails, text messages) which supports your position, showing that the owner or contractor approved ... Read more

Don’t Lien for Non Lienable Services

A general contractor entered into a contract to remodel a house. He hired a number of subcontractors to complete the contracted work. The interior designer wasn’t one of them; she had a direct contract with the owner but she performed her work through the contractor. When the owner missed making certain payments to the general contractor because of a disagreement over some change orders, the contractor recorded a claim of lien against the owner’s property. Multiple suits followed, with subcontractors suing the general contractor for non-payment and the general contractor claiming against the owner for breach of contract and foreclosure ... Read more

Is It True: My Lien Can Be Discharged in 20 Days?

Many Florida contractors do not know that a statute exists which, if properly exercised, could have their liens canceled. That’s right – canceled. Florida Statute §713.21(4) provides that a lien properly perfected under this chapter may be discharged by an order of the circuit court of the county where the property is located. Upon the filing of a complaint by any interested party, the clerk shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to ... Read more