Finding out that a construction lien has been recorded against a property is unsettling, particularly when payments were made on time or when the amount being claimed does not line up with reality. What many property owners do not realize is that Florida law provides genuine defenses and structured remedies to challenge these claims. Find out more about what options are available before you do anything, as the first steps in this process very much determine the eventual resolution.
Read the Claim of Lien Closely
First of all, the lien document itself really needs your time and attention. A Claim of Lien is a document filed with the county clerk, and it must, at a minimum, identify the filer of the lien, the property location and legal description, the amount due, and the time periods when labor or materials were supplied.
Mistakes in any of these areas are reasons to question the validity of the lien. A wrong property description, an overstated dollar amount, or dates that do not match actual work performed are not minor details. They are potential defenses that could render the entire claim unenforceable.
Ignoring the Lien Is Not a Strategy
Until the recorded lien is resolved, selling or refinancing the property becomes a serious obstacle. The assumption that waiting it out is safe ignores real risk. While a lien does expire after one year without enforcement, the lienor can file a foreclosure action well before that deadline arrives. Inaction tends to narrow options rather than preserve them.
Check Whether Notice Requirements Were Followed
One of the best ways for property owners to protect themselves is through the use of the Notice to Owner (NTO). According to Florida law, subcontractors, material suppliers, and laborers who don’t have a contract directly with the property owner are required to send this notice within 45 days of when they first furnished labor or materials.
Without a timely, properly served NTO, the lien may have no legal standing even if the underlying debt is legitimate. Reviewing whether this notice was received, and when, is one of the first things worth examining.
Use a Notice of Contest of Lien
Florida law gives property owners a procedural tool that puts real pressure on the lienor: the Notice of Contest of Lien. After this document is filed with the county, the claimant is limited to initiating any foreclosure actions against the assets of the claimant for 60 days, whereas generally, they will have a year to do so; if the claimant does not take any action within those 60 days, the lien will be automatically discharged. Therefore, for property owners facing questionable or inflated claims, this will provide an efficient means of forcing a resolution on these claims as quickly as possible.
Transfer the Lien to a Surety Bond
When it is necessary for a property sale or refinancing to occur before a lien dispute is resolved, bonding off the lien is an effective solution. This involves transferring the lien from the property to a surety bond. The claim does not disappear, but the property is no longer held hostage to the outcome.
Seek Legal Counsel Before the Situation Escalates
When dealing with a construction lien, it is imperative for a property owner to avoid any delay in handling the situation. The chances of a favorable outcome are low when there is a delay. Find out more about the defenses and remedies available for construction liens by seeking the services of a construction lien attorney.
In Florida, Bitman Law represents property owners in construction lien cases. A skilled attorney can evaluate the validity of a lien, identify any procedural errors, and seek to have a lien discharged when it is determined to be invalid.
