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What is a mechanic’s lien and what does it do?

| Aug 13, 2015 | Construction Law |

When it comes to navigating the law, most people find the construction of most statutes to be confusing to say the least, oftentimes using lengthy and complex sentence structures that contain equally complex and confusing words. Not wanting to make a mistake or get into further legal trouble, most people turn to an attorney for help when they don’t otherwise know what they’re doing.

Take for example mechanic’s liens. If you were to come across the term, would you know what it means? If you’re a contractor or subcontractor you might because it’s a legal device you may need to use from time to time. In today’s post, we’re going to focus our attention on those of our Fort Lauderdale readers who do not know what this term means though, answering the question:

What is a mechanic’s lien and what does it do?

Despite its name, a mechanic’s lien is not limited to just automobile mechanics. In fact, contractors and subcontractors in the construction industry may need to use a mechanic’s lien in instances where they have not been paid for their services or the materials they acquired. When this happens, a mechanic’s lien is placed on the property for which services were rendered. The person placing the lien then has the right to keep the property until the debt has been paid.

It’s important for all of our readers, whether you’re a property owner or a worker in the construction industry, to know that mechanic’s liens do have to be applied in accordance with the law. Here in Florida, where mechanic’s liens are also referred to as construction liens, the use of a lien must be accounted for in the contract between the property owner, contractors and subcontractors. Lien provisions have to be written in a certain way too, as can be seen by looking at Chapter 713, §713.015 of the Florida Statutes.

Because of the complexity of our state’s construction laws, it’s always a good idea to talk to an attorney when handling sensitive legal claims such as mechanic’s liens. Here at Malka & Kravitz, P.A., we understand how these types of liens work and can help resolve issues concerning them.

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super-lawyers
Distinguished AV LexisNexis Martindale-Hubbell Peer Review Rated for Ethical Standards and Legal Ability
Listed In Best Lawyers The World's Premier Guide
South Florida's Top Rated Lawyers
Certified The Florida Bar Construction Law
The Best Lawyers in America
The Associated General Contractors Of America
ABC Associated Builders and Contractors Inc Member