How to Fight a Mechanics Lien in Florida
Mechanics liens are a significant concern for contractors and property owners in Florida. When a contractor or supplier is not paid for their work or materials, they may file a mechanics lien against the property, which can hinder the sale or refinancing of the property. If you find yourself in a situation where a mechanics lien has been filed against your property in Florida, it’s crucial to understand how to fight it effectively. This article will guide you through the steps to take and provide some essential tips for navigating this challenging situation.
1. Understand the Mechanics Lien Laws in Florida
Before taking any action, it’s essential to familiarize yourself with the mechanics lien laws in Florida. The Florida Construction Lien Law (Chapter 713 of the Florida Statutes) governs mechanics liens and provides guidelines on how to file, bond, and dispute liens. Understanding these laws will help you identify the grounds for challenging the lien and the legal requirements for doing so.
2. Review the Lien and Verify Its Validity
Upon receiving notice of a mechanics lien, carefully review the lien document to ensure it complies with the legal requirements. Check for the correct property address, the name of the lienor, and the amount claimed. If any information is incorrect or missing, you can argue that the lien is invalid and should be dismissed.
3. Communicate with the Lienor
Contact the lienor to discuss the payment dispute and attempt to resolve the issue amicably. In many cases, the lienor may be willing to withdraw the lien if you agree to a payment plan or settlement. Communication can help avoid lengthy and costly legal battles.
4. File a Bond or a Lis Pendens
If the lienor refuses to withdraw the lien, you can file a bond or a lis pendens to prevent the property from being sold or refinanced. A bond is an amount of money that you pay to the court to secure the property while the lien dispute is resolved. A lis pendens is a legal notice that alerts potential buyers and lenders that there is a pending lawsuit involving the property. Both options can provide temporary relief while you fight the lien.
5. Contest the Lien in Court
If the lienor refuses to withdraw the lien or if you cannot reach a settlement, you will need to contest the lien in court. Hire an attorney experienced in construction law to represent you and argue your case. You may have several grounds for challenging the lien, such as:
– The lienor did not provide proper notice or follow the legal requirements for filing the lien.
– The lienor did not perform the work or supply the materials as agreed.
– The lienor’s claim exceeds the actual value of the work or materials provided.
6. Take Preventive Measures
To avoid future mechanics liens, establish a strong contract with clear payment terms and enforce them strictly. Keep detailed records of all transactions, and communicate with your contractors and suppliers to ensure they are paid promptly. Implementing these preventive measures can help you avoid the complexities and costs associated with mechanics liens.
In conclusion, fighting a mechanics lien in Florida can be a challenging process, but by understanding the laws, reviewing the lien, communicating with the lienor, and taking legal action when necessary, you can protect your property and interests. If you find yourself in a situation where a mechanics lien has been filed against your property, seek professional legal advice to guide you through the process and help you achieve the best possible outcome.
