Board-Certified In Construction Law By The Florida Bar

What are my options to defend against a construction lien?

On Behalf of | Jul 5, 2024 | Construction Liens

One of the most pressing issues a property owner can face is a construction lien. A lien can significantly impact a property’s value and the owner’s ability to sell or refinance it.

However, a property owner facing a lien is not without recourse. If a contractor or subcontractor filed a lien against your property, what steps can you take to defend against it?

Understanding the lien process

Before discussing defense options, it is crucial to understand the lien process. In Florida, a construction lien is a legal claim against a property for unpaid debts related to improvements made to the property.

Options for defending against a lien

A property owner has legal options if they want to defend against a lien. Therefore, you may choose among these options:

  • Contesting the lien’s validity: You can contest the validity of the lien if it does not comply with Florida’s legal requirements. For example, a lien can be invalid if it does not contain the necessary information or the contractor or subcontractor fails to file it within the required timeframe.
  • Paying the amount owed: If the lien is valid, you can pay the amount owed to the lienholder. This will release the lien and prevent any further legal action.
  • Negotiating a settlement: In some instances, you might be able to negotiate a settlement with the lienholder. This can involve paying a reduced amount or setting up a payment plan.

Meanwhile, another option is filing a lawsuit. You may do this to dispute the amount claimed by the lienholder.

Seeking fair treatment

The lien process can be complex, but it may be a crucial aspect of protecting your property rights and interests. By seeking legal advice, you may better navigate the complexities of construction law, safeguard your property investment and seek fair treatment in the construction industry.