Over the years many contractors, materialmen, sub-contractors and vendors have expressed to me their frustration in attempting to collect for labor services or materials provided on a job when a job “goes bad”. Being the seasonal and transient state that Florida is, many owners and developers simply start projects that just can’t finish. The money dries up and the ones left holding the bag are usually the sub-contractors, materialmen and laborers who provided the blood, sweat, and materials in order to build out the project.Is therefore imperative and I always counsel and get after all of my construction clients, manufacturers, and service providers that they need to strictly comply with Florida’s Construction Lien Statute under Florida Statute Chapter 713.
Florida Statute 713 sets forth notice procedures for businesses and individuals who performed labor or provide material for a project option in the event the general contractor cannot and will not pay them. These option would include the filing of the Claim of Lien in order to create a lien on the actual property where the labor or material were provided, thereby preventing a sale of the particular property without the lien first being satisfied.
Another option would be a job where it is bonded. A project in Florida can either by privately bonded and in the case of a public job over $100,000.00, the public entity is required to post a bond so that sub-contractors can look to the bond for payment in the event they do not obtain payment form contractor.
There are various procedures and notices that must be strictly complied with in order to make sure that you have a valid Lien or Bond Claim here in the State of Florida. Again, I reiterate that these procedures must be strictly complied with or your Lien or Bond Claim may be unenforceable. Here at Thomas J. Maccari, P.A. we pride ourselves in doing everything we can to protect our clients so that all bases are covered in order to make sure that you get paid.