Christopher Weiss Attorney at Law, P.A.

​​​​​​1. How long does a contractor have to file a lien in Florida?

A contractor has 90 days from completing work on a property to file a lien in Florida. If the contract was terminated, the contractor has 90 days from the date of termination to file the lien. However, a contractor must also provide a “Notice of Commencement” and post it to the job site no more than 90 days before starting work on the project. Additionally, a subcontractor who is not directly contracted with the owner has 45 days to serve a “Notice to Owner” that notifies the owner and other parties of the subcontractor’s involvement. The property owner can request an affidavit fromthe subcont

2. What is considered a construction defect?

A construction defect is any condition in the property caused by a contractor or other construction professional that reduces its value. Construction defect claims are made against architects, engineers, developers, builders, contractors, suppliers and others. The use of inferior materials, Improper site selection and planning, engineering errors and problems with soil analysis are common causes of construction defects. Common construction defects include water issues, faulty drainage, dry rot, mold, foundation cracks and construction completed not to code. Construction defects are generally d

3. Can an unlicensed contractor sue in Florida?

Technically, an unlicensed contractor can sue in Florida. However, it is illegal for a person to perform work that requires a license without having such a license. Because individuals in this nature are directly avoiding the law, the courts do not provide relief to them. Therefore, if an unlicensed contractor sues a property owner in Florida and the property owner can prove that the contractor performed such work without a license, the court will not enforce any contract the contractor had with the property owner. The court does not assume that a person does not have a license. You have to pr

4. What happens when a contractor puts a lien on your house?

As part of the lien process, the contractor completes an affidavit in which he or she swears under oath regarding the labor or materials that were provided and the amount that has not been paid. The contractor places a Claim of Lien on the property. The home owner will be unable to sell or refinance the property when there is a lien on the property unless you pay off the amount owed and the lien is lifted. If the contractor completes the lien process appropriately, the lien is perfected and he or she will have the right to foreclose on the property if the debt remains unpaid. There are specifi

5. Can a homeowner file a lien against a contractor?

A mechanic’s lien is an interest in property. These are commonly filed by contractors against homeowners to ensure that they get paid for the work that they perform. A homeowner already has an interest in the property as its owner and does not file a lien against a contractor. If a homeowner believes that the construction was not completed properly, he or she can consider taking legal action for construction defects or breach of the construction contract. If the homeowner receives notice that a lien is being placed against the home and thinks this is in error, he or she can defend against the

6. How much does it cost to put a lien on a house?

The technical cost to place a lien on a property is the recording fee that is paid to the clerk of the court in the county where the property is situated. In most Florida counties, this fee is $10 for the first page and $8.50 for each additional page. It is vital that you hire an attorney to assist with the process of filing a lien on a property to ensure that you provide all of the necessary information and notices to preserve your rights. So, in addition to the technical legal costs, you will also have attorney’s fees. Receiving notice of representation and the lien is often enough to motiva

7. Can someone put a lien on my property?

Florida mechanic’s lien law is pretty broad and provides this option for a number of different individuals and companies. It is in place to ensure that individuals and companies receive payment for the labor and materials that they have provided during construction improvements and builds to privately-held property. This type of lien can be filed by general contractors, subcontractors, material supplier, laborer, and construction professionals, such as architects, engineers, surveyors, mappers, landscape architects or interior designers.

8. Who is responsible for construction defects?

Construction defects can arise for a number of reasons, so it may require some extensive investigation and even hiring a construction expert to determine how a defect occurred. Parties who may be held liable for construction defects include architects, engineers, developers, builders, contractors, designers, suppliers and others. Contact Christopher Weiss Attorney at Law to learn about your rights and which parties may be held legally liable for the damages that you have sustained as a result of a construction defect.