Florida Construction Law

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner.  The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished. The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials (but before owner's final payment to the contractor). A lien cannot be enforced unless the lienor has served the Notice to Owner as described above.   (excerpt from www.myfloridalicense.com). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

A lender has a duty to the owner to exercise reasonable care to see that the payments to contractors are made in compliance with the mechanics' lien law when the lender is given sole authority on behalf of the owner to make those payments.   Kalbes v. California Federal , 497 So.2d 1256 (Fla. 2d DCA 1986). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

This video discusses the Notice of Commencement, and Section 713.13, Florida Statutes as it relates to Florida construction lien law. You can find the direct link here: http://video.yahoo.com/watch/7920412/20951766 This posting is for educational purposes only and does not constitute legal advice. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com