Mechanic Lien Attorney in Orlando, Florida

When you work in construction or home improvement, it’s common to encounter situations where payment issues arise. A mechanic’s lien is one legal tool available to contractors, subcontractors, and material suppliers to secure payment for services rendered or materials provided. 

In Florida, these liens are subject to specific rules and timelines, and understanding them can be challenging without proper legal representation. If you find yourself needing to file or contest a mechanic’s lien, having an attorney with a strong background in business law can help you protect your rights and enforce your claims.

At Keough Law, PLLC, we provide clients in Orlando, Florida, and the surrounding areas with the legal counsel they need to understand mechanic’s lien in accordance with business law. Read on to learn more about the process and how we can help.

What Is a Mechanic’s Lien?

A mechanic’s lien, also called a construction lien, is a legal claim filed against a property when a party involved in construction, repair, or improvement has not been paid for their work or materials. It allows contractors, subcontractors, and suppliers to place a lien on the property where they performed work, providing them with a method of seeking payment.

In Florida, mechanic’s liens are governed by Chapter 713 of the Florida Statutes. This law is designed to balance the interests of property owners, contractors, and other parties involved in construction projects. Mechanic’s liens can apply to residential, commercial, and industrial properties.

For a mechanic’s lien to be valid, several specific requirements must be met, including filing the lien within a prescribed time frame and serving proper notice. Without professional guidance, it’s easy to miss important deadlines or make mistakes in the filing process, which can result in the lien being invalidated or dismissed.

Our Legal Representation for Mechanic’s Liens

The process of filing and enforcing a mechanic’s lien can be overwhelming for many business owners, contractors, and subcontractors. An attorney from Keough Law, PLLC with extensive knowledge of business law and the specifics of mechanic’s liens can help you handle the process, seeing that all necessary steps are followed and deadlines met. 

Legal representation provides clarity and confidence in resolving disputes over non-payment. A skilled attorney will guide you through the various aspects of lien law, assist with the preparation and filing of lien documents, and represent you in court if necessary. Let’s take a closer look at the process of filing a mechanic’s lien in Florida.

Filing a Mechanic’s Lien in Florida

Filing a mechanic’s lien involves several steps that must be completed in a specific order and within tight deadlines. To begin the process, you need to have a contract or an agreement in place that outlines the terms of payment. 

This can be a written contract or, in some cases, an oral agreement. Once work is completed or materials are delivered, the lien holder must prepare and file a Notice of Lien with the clerk of the court in the county where the property is located. 

The lien must typically be filed within 90 days of the last day of work or delivery of materials. It must also be served on the property owner, and failure to do so can result in its invalidation.

Legal assistance is critical to ensuring that the lien is properly prepared, filed, and served. A business law attorney will help ensure that all documentation is accurate and complete and will assist with meeting all the necessary deadlines. With professional guidance, you can avoid potential legal pitfalls and protect your rights.

Protecting Your Rights as a Contractor or Subcontractor

In Florida, mechanics’ liens are a powerful tool for contractors and subcontractors to secure payment. However, contractors and subcontractors who aren’t direct parties to the property owner’s contract are required to send a preliminary notice of lien to the property owner. 

This step is crucial to preserve the right to file a mechanic’s lien later on. The process begins with the preliminary notice, which must be sent within 45 days of beginning work or supplying materials. If the notice is not sent in time, you may forfeit your right to file a lien. 

This makes understanding the timelines a vital part of the process, and having an attorney experienced in business law can help make sure that these notices are sent on time and according to the rules.

An attorney can also help you evaluate whether you have a valid claim for a mechanic’s lien, including reviewing contracts, payment records, and communication with the property owner.

If there is a dispute over the work completed or the amount owed, your attorney can assist with negotiating a resolution before moving forward with legal action.

Attorneys can also assist property owners who wish to contest mechanic’s liens. Let’s take a closer look at what this looks like.

Contesting a Mechanic’s Lien

While filing a mechanic’s lien can be an effective way to secure payment, it’s possible that a lien could be contested. Property owners have the right to challenge a mechanic’s lien if they believe it was filed incorrectly or if they dispute the amount owed. For example, they may argue that the work was subpar or that the lienholder failed to follow the proper procedures.

If you’re a property owner facing a mechanic’s lien, legal representation can help you contest the lien if there are valid grounds. A skilled attorney can evaluate the lien’s validity, investigate whether proper notices were given, and challenge any discrepancies in the lien’s documentation. This can result in the lien being reduced or even removed entirely.

Similarly, if you’ve filed a mechanic’s lien and it’s contested, an attorney with a solid understanding of business law can help you defend your claim. They can guide you through the process of proving your case in court, gather necessary evidence, and present arguments to support your right to payment.

Now, let’s go over the process for foreclosing on a mechanic’s lien.

Foreclosing on a Mechanic’s Lien

If a mechanic’s lien isn’t paid, the lien holder may have the right to foreclose on the property in order to collect the debt. Foreclosing on a mechanic’s lien is a legal process that involves filing a lawsuit in the circuit court of the county where the property is located. 

This process can be lengthy, costly, and complicated, so it's crucial to have an attorney familiar with business law and construction-related legal procedures. Foreclosure can lead to the sale of the property, with the proceeds used to satisfy the lienholder’s claim.

However, before taking such action, an attorney will assess whether it’s worth proceeding with foreclosure. They’ll help you understand the possible outcomes, including whether you’re likely to receive full payment or whether there are other avenues for collecting the debt.

Additionally, we can help you explore settlement options before resorting to foreclosure. In many cases, parties involved in a mechanic’s lien dispute can reach an agreement that avoids the need for a lengthy court battle.

An attorney can help facilitate this process and negotiate on your behalf.

Enlist Experienced Legal Counsel Today

If you’re dealing with a mechanic’s lien issue, it’s essential to seek professional legal representation to guide you through every step and achieve a positive outcome. The right lawyer can assist you with everything from preparing the lien to enforcing it in court.

Our firm serves Orlando, Florida, as well as Orange County, Osceola County, Hillsboro County, and Pinellas County. Contact Keough Law, PLLC today to schedule a consultation and see how our attorney can assist with your needs.