Have you ever taken the time to put together a jigsaw puzzle? Depending on the scale and difficulty of the jigsaw puzzle, you could find yourself looking at a mere half-hour to days in order to complete it. This can adequately describe the difficulty in understanding Florida construction lien law possessed by contractors and subcontractors.
No matter the size or the scale of the puzzle, you must have all the pieces. If one piece, whether large or small, is missing, then the puzzle is incomplete. It is unfinished. If you’ve almost finished a puzzle, only to discover that a few of the pieces are missing, it can be very frustrating. You’re so close, yet you’re not actually finished. There it is, that one piece of the puzzle, gone. The puzzle isn’t complete.
Whether the average person is aware or not, there are a lot of people that are essential to the building of residences, high-rises, and commercial property. The construction industry is almost like an intricate jigsaw puzzle full of many pieces. During a construction project, everyone needs to be on the same page. There is a schedule to be followed, and one part of the project is just as important as the other.
Jigsaw Puzzles and Construction
As there are so many intricate pieces to the jigsaw puzzle of construction, there are a lot of people who are responsible for those pieces. One could say that there are a lot of “moving parts.” Of course, these moving parts represent all the different people involved in a construction project, from the owner of the real property to the contractors, subcontractors, and laborers.
As in any industry, there is money that is needed to pay for the realization of the project. Sometimes this money will go through a few hands. One way to track and ensure that everyone is paid for their services and materials is through the legal framework set out in Chapter 713, Part 1, of the Florida Statutes, “Construction Lien Law.”
Florida construction lien law protects individuals who work in the construction industry. It details the proper procedures that need to be taken in order to ensure that everyone is paid for their work, the proper parties are put on notice, and no one is overcharged.
If you are involved in a situation involving a construction lien, whether you are an owner, subcontractor, or otherwise, you deserve an excellent construction lien lawyer that can help you. You deserve Bret Jones, P.A.
The Many Parts of Florida Construction Lien Law
As we have said, there are a lot of moving parts to any construction endeavor, but there are also many parts of the “Construction Lien Law.” Take, for instance, the NOC, or Notice of Commencement.
According to Florida Statute 713.13(1)(d):
“A notice of commencement must be in substantially the following form:
Permit No. Tax Folio No.
NOTICE OF COMMENCEMENT
The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.
1. Description of property: (legal description of the property, and street address if available)
2. General description of improvement:
3. Owner information or Lessee information if the Lessee contracted for the improvement:
a. Name and address:
b. Interest in property:
c. Name and address of fee simple titleholder (if different from Owner listed above):
4.a. Contractor: (name and address)
b. Contractor’s phone number:
5. Surety (if applicable, a copy of the payment bond is attached):
a. Name and address:
b. Phone number:
c. Amount of bond: $
6.a. Lender: (name and address)
b. Lender’s phone number:
7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes:
a. Name and address:
b. Phone numbers of designated persons:
8.a. In addition to himself or herself, Owner designates of to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.
b. Phone number of person or entity designated by owner:
9. Expiration date of notice of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified)
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
(Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)
The foregoing instrument was acknowledged before me this day of, (year), by (name of person) as (type of authority, e.g. officer, trustee, attorney in fact) for (name of the party on behalf of whom the instrument was executed).
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced.” (2019).
Why is the Notice of Commencement, or NOC, important in Florida construction lien law? Well, it gives notice that some form of work is commencing on the real property. It serves as a form of documentation to be used to gather information regarding notices to the owner of the property. The Notice of Commencement is just one example of the detailed regulations involving Florida construction lien law.
When looking more closely at Chapter 713, Part 1, of the Florida Statutes, there appears to be a lot of required notices, etc. as one goes through the construction process. These notices are used as sources of information and to create paper trails in case of confusion.
There are occurrences where owners are certain they have in fact paid contractors, yet laborers have not received payment. Unfortunately, confusion about missing payments often leads to questions on how to file a construction lien in Florida. That is one of the reasons that Construction Lien law is so detailed in Chapter 713, Part 1, of the Florida Statutes.
People make mistakes. Unfortunately, payments sometimes seem to fall through the cracks. Nevertheless, individuals must be paid for their work. No one should have to pay twice for a service or material for which they have already paid. If you or someone you know has a construction lien question or concern, contact us at Bret Jones, P.A. We’re here to help you figure out your problems and get you on the right path.
Contact Bret Jones, P.A. for Florida Construction Lien Law
The necessity of a knowledgeable Florida construction lien law attorney appears not only smart but essential. Don’t get lost grasping at the inner workings of the legal quagmire that challenges even the most experienced in the construction industry.
Sure, many construction professionals can run circles around the rest of us when it comes to construction matters, but the law is a different beast altogether. You need an excellent law firm that will give you the utmost in legal care. You need Bret Jones, P.A. Contact Bret Jones, P.A. for your Florida construction lien law concerns.