Florida Construction Lien Priority

Posted by Barry Kalmanson, Esq. on  June 3, 2021
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Category: ZoomLien News
Before commencing construction, a notice of commencement is typically required to be recorded in the public records of the county in which the improvement is located. The purpose of a notice of commencement is to serve as an information source to potential lienors. More importantly, for a lienor, it establishes the priority of construction liens. The construction lien law provides that if a notice of commencement was recorded and is not expired or has not

Perfecting a Construction Lien in Florida Requires Strict Compliance with the Lien Law

Posted by Diep on  May 24, 2021
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Category: ZoomLien News
Compliance with Florida’s Construction Lien Law can be difficult since it has long been recognized as one of the most complicated and confusing of all laws in Florida. The Construction Lien Law is strictly construed. In other words, to perfect a construction lien, a lienor “must be certain it strictly complies with the statutory provisions by which it seeks affirmative relief.” WMS Construction, Inc. v. Palm Springs Mile Assoc., Ltd., 762 So. 2d 973 (Fla.

Florida Senate Passes Taxation Bill

Posted by Floridan Partners on  April 14, 2021
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Category: ZoomLien News
The taxation bill, SB 50, has passed the full House of Representatives by a vote of 93 yeas, 24 nays, and passed the full Senate by a vote of 27 yeas and 12 nays.  It is out of the legislature and headed to the Governor for his signature. Bill Highlights: Enacts full Wayfair implementation and point of sale collection and remittance of sales tax on remote and market place retail sales.Uses funds collected to offset

Florida Passes Covid Liability Protection

Posted by Floridan Partners on  April 5, 2021
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Category: ZoomLien News
SB 72, providing COVID liability protections for both general businesses as well as health care practitioners and facilities was signed into law March 29, 2021. Although both houses of the legislature initially passed separate versions of a liability protection bill, SB 72 is the ultimate vehicle of leadership negotiations.  A copy of SB 72 as engrossed can be found here and a detailed summary of the bill’s liability protections are below.  Summary of SB 72:

It’s Not the Heading of the Release, but the Contents that Matter

Posted by Barry Kalmanson, Esq. on  February 24, 2021
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Category: ZoomLien News
Typically, an owner or contractor will require a subcontractor or material supplier to execute a release or waiver of lien to receive a progress payment for construction of improvements. These release documents are presented in a variety of formats with many different headings. Although Florida law prohibits requiring a release or waiver that is different from the statutory forms, it also provides that an executed release or waiver that is not substantially similar to the
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