Trying to make sense of legal matters on your own can cause additional stress to existing problems. It can feel like someone is adding a heap of fuel to a blaze that’s almost out of control. Sure, you could ask those who may have dabbled in a little bit of construction about a construction lien. But it makes more sense to contact a lawyer who knows construction law. The law exists to protect us, but sometimes it feels like we need a navigator to sail through the waters of the law.
When you’re in need of legal advice, you need a lawyer. You wouldn’t ask a sailor to pour the foundation for your home, just like you wouldn’t have a stockbroker draw a blueprint for a high-rise. The same goes for any profession. You come to the professionals so that you can get excellent assistance in a timely manner. Thus, they can take the requisite action needed to resolve an issue between parties in a legal matter involving construction.
At Bret Jones, P.A., we devote our time to ensuring our clients receive outstanding service. We want you to choose Bret Jones, P.A. for your construction legal concerns. We pride ourselves on our effective and efficient legal services that ensure the best results for our clients.
Construction plays a large role in Florida’s economy. It is a source of livelihood for many men and women throughout Central Florida. Whether you are a property developer, subcontractor, laborer, or otherwise, we can help you with your construction legal needs. Below, we’re going to discuss some construction lien basics. What kind of scenarios can give rise to such liens? Who are some of the players that are likely to be involved in said scenarios? Perhaps you are already familiar with everything we will touch upon. Maybe it will be a gentle reminder that there is a lot that goes into construction law and that we are only scratching at the surface.
What Are Some Construction Lien Basics?
When we want to find out more about the law, the best place to go is to a law firm. We all know that lawyers have to reference something. As with every profession, they don’t gather their knowledge from thin air. Every lawyer has studied statutory and case law pertaining to particular issues and/or fields of law. Where do we get the definitions for various legal terms? We head over to the relevant statutes.
When it comes to laws in the State of Florida, we look to the Florida Statutes. A construction lien is a legal creation that is meant to protect parties in a contract. The purpose is to ensure that everyone holds up their end of the bargain in the field of construction.
In the Florida Statutes, Part 1 of Chapter 713 is where we find the statutory law dealing with construction liens in Florida. If your line of work is in construction, you are probably already aware of a Notice of Commencement, Notice to Owner, Claim of Lien, etc. You can find these terms sprinkled throughout Part 1 of Chapter 713. Maybe you only have a cursory knowledge of those terms. Nevertheless, if you find yourself needing legal advice regarding liens involving construction matters, it’s time to find a construction lien lawyer that you can trust. If you or someone you know needs legal assistance, don’t hesitate to reach out to Bret Jones, P.A.
What Parties Are Involved in a Construction Lien?
Now that we’ve discussed some basics, what about the players? What are some of the parties that we may expect to see in a construction lien dispute? Florida construction lien law usually involves a party that is seeking payment for materials or services rendered on a property. This party is called “lienor.” According to Florida Statute 713.01(18):
“Lienor” means a person who is:
(a) A contractor;
(b) A subcontractor;
(c) A sub-subcontractor;
(d) A laborer;
(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or
(f) A professional lienor under s. 713.03;
and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part.”
Of course, on the other end of the spectrum, you may find that you have a lien against your real property. No matter what end of the spectrum, you deserve to have legal counsel that understands what successes and pitfalls are likely around the corner. You deserve a lawyer who is knowledgeable enough in the field to know the likelihood of success, yet down-to-earth enough to understand that this is causing a disruption in your life.
As we are reminded, the Florida Statutes are particularly detailed when it comes to construction lien law. If construction touches upon your livelihood, you should have a law firm that you can turn to. You need to have someone at your side that understands the “ins and outs” of this area. At Bret Jones, P.A., you are more than just a number. We treat each one of our clients with the care and respect we would demand for our own family and friends.
When Would a Construction Lien Usually Occur?
What are some common scenarios that could cause a construction lien to arise? Well, as in many contractual disputes, it is often because one party has not held up its end of the bargain. Usually, this means that someone has not been paid for materials or services rendered.
For instance, perhaps a subcontractor wasn’t paid by a contractor for plumbing installed in a high-rise building. However, the owner was sure that they paid the contractor the requisite amount for those specific services. Another example may be on a smaller scale, perhaps on a single-family dwelling. A roofing company may not have been paid for services rendered. How do they ensure that they are paid for their services? Voila! A construction lien!
It is important to remember that a construction lien is a legal creation that is meant to protect parties in a contract. It is a way to ensure that bills are paid for materials and/or services rendered. This legal creation ensures everyone gets what they bargained for in the first place.
Choose Bret Jones, P.A. For Your Construction Lien Matters
Remember, in the Florida Statutes, Part 1 of Chapter 713 is the applicable statutory law to construction liens. There’s a lot that goes into construction law. Many different parties can be involved in such liens. Generally, it usually involves a dispute between two parties: a lienor that provided materials or services and the party that owes a payment to the lienor. Various situations can give rise to a construction lien. Having a law firm that you can truly depend on for your construction issues makes the world of a difference.
Whether you are in the midst of dealing with a lien or otherwise, we’re here to help you at Bret Jones, P.A. Only you can walk through the door. Our doors are open to those who are looking for the utmost in their legal care. Let us help you with your construction lien issues at Bret Jones, P.A.