Construction Lien Law: What You Need to Know to Protect Your Company
Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) - On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a...more
Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is a brief summary of the changes for...more
Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee...more
If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more
Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more
On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1, 2023. ...more
Earlier this month, House Bill 331 was signed by Florida Gov. Ron DeSantis. House Bill 331 revises several provisions of Florida's Construction Lien Law, which is codified in Chapter 713, Part I of the Florida Statutes....more
On June 12, 2023, Florida Governor Ron DeSantis signed into law House Bill 331, which significantly modifies Florida’s Construction Lien Law, Chapter 713, Florida Statutes. Among the amendments that will take effect on...more
Deutsche Bank National Trust Company v. Cope, Case No. 2D18-3696 (Fla. 2d DCA 2020). A legal description on a mortgage is not unenforceably ambiguous if it describes two parcels by lot number and a third by parcel ID....more
Lucky Brand Dungarees, Inc v. Marcel Fashions Group, Inc., Case No. 18–1086 (2020). “Defense preclusion” is not a recognized defense as the two acceptable doctrines are issue preclusion (a party is barred from relitigating...more
The form and contents of a claim of lien are set forth in Fla. Stat. § 713.08. The claim of lien must expressly state:- the name of the lienor and the address where notices or process under the Construction Lien Law may be...more
In Florida, to perfect its right to lien a property, a subcontractor is required to submit a Notice to Owner (NTO) within 45 days of commencing its work. Among other requirements, the NTO must list the contractor’s name and...more