The Advantage of Serving a Preliminary Notice Early Under Florida’s Construction Lien Law (Notice is Effective as of Mailing)
Category: ZoomLien News
Florida law provides if a notice to owner on an improvement without a payment bond or a preliminary notice on an improvement with a payment bond is mailed by registered, global express guaranteed, or certified mail with postage prepaid within forty (40) days after the date the lienor first furnishes labor, services or materials, the notice is effective as of the date of mailing if a registered or certified mail log is maintained which shows:
Did a Florida Clerk of Court Delay in Timely Recording Your Construction Lien? Court Holds Clerks Must Correct It.
Category: ZoomLien News
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
Notices to Owner in Florida Are Deemed Served Upon Mailing if Not Deliverable
Category: ZoomLien News
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
Governor DeSantis Signed 2021 Senate Bill 378 Increasing Interest Rates on Receivables for Construction Companies on Public Projects
Category: ZoomLien News
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