When the members of the Improved Construction Practices Committee (ICPC) heard about the difficulty a construction lienor had in getting a construction lien timely recorded, they decided to take immediate action and participate in the proceedings. The lienor, Pritchett Trucking, Inc., delivered its construction lien in the amount of $118,288.83 and recording fee to the Duval County Clerk of Court within 90 days (April 23, 2018) of its last furnishing of services to the project

A notice to owner is deemed served upon mailing when it is properly mailed to the last address shown in the notice of commencement or any amendment thereto, or if none, to the last address shown in the Building Permit Application, or to the last known address of the person to be served if the item is returned from the postal service marked “refused,” “moved, not forwardable,” or “unclaimed” or is otherwise not delivered or

On June 21, 2021, Governor DeSantis signed Senate Bill 378 that increases the interest rate relating to payments due for construction services. These changes took effect July 1, 2021. Senate Bill 378 revises Florida’s prompt payment laws. The prompt payment laws provide deadlines for payments to contractors, subcontractors and material suppliers and penalties for late payments. This post discusses public projects and the statutory revisions relating to subcontractors, sub-subcontractors and material suppliers. Private projects will

To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen. Subject to exceptions that will be discussed in subsequent posts, a notice to owner is considered timely if it is received by the owner before commencing or is received by the owner within forty-five (45) days after commencing the first furnishing of labor, services, or materials to the site of the improvement and prior to the contractor

All subcontractors and materialmen, except those having a direct contract with the owner or providing subdivision improvements must comply with the Construction Lien Law’s notice to owner requirements in order to enforce a construction lien. There is a complicated exception for any claimant who performs services or furnishes materials to real property for the purpose of subdivision improvements. Subcontractors and materialmen involved in subdivision improvements, although not required to do so, should always serve a