Board-Certified In Construction Law By The Florida Bar

What should a contractor do if the owner contests a lien?

On Behalf of | Aug 26, 2021 | Construction Liens

When a contractor needs to file a construction lien in Florida, the property owner may contest it. It can be a serious problem for you if they do so because there are certain time limits that you need to comply with in order to protect your rights. If you’ve been served with notice of a construction lien contest, this article will explain what you should do next.

Understand the basis of the notice

First, you should find out the basis of the notice of lien contest. The property owner may have filed a construction dispute, or they might be alleging that your construction company doesn’t exist and therefore can’t file for a construction lien in Florida. Knowing the basis of the notice will help you determine your next step. For instance, if it’s because you’ve missed deadlines to protect your right to a construction lien, you should file an answer to the construction dispute and request a construction hearing.

Stay calm

You should try to remain calm and beware of the property owner’s tactics to get you to back down. One of the most common tactics is for them to file a construction lien release. If they do this, don’t panic because it doesn’t mean you can’t still submit the construction claim in Florida and get paid what you’re owed.

Have proper legal representation

Thirdly, you may want a construction attorneys in Florida to represent you. The construction attorneys may help protect your construction lien rights as they know the construction laws. You can trust them with this sensitive matter and seek guidance about how to file an enforcement action if necessary, which is a construction legal action that will ultimately allow you to collect your construction lien.

You should keep in mind the fact that construction liens are valid for one year. Also, remember that construction lien releases do not release you from your construction contract obligations.

Finding yourself facing a construction lien contest can be intimidating. However, if you know where to start and understand construction law in Florida, the process can go more smoothly.