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Latest Mechanics Lien Law and News

Can you record a mechanic’s lien for mere maintenance services?

We are all familiar with the concept that a mechanic’s lien is allowed for the conferring of labor and materials to a project which improves real property. But what if you are not installing materials, but simply maintaining the property? That makes the filing of a mechanic’s lien more problematical. The general rule is that a lien may not be filed merely for maintenance services. Take for example a landscape contractor. There is surely entitlement to a lien if you ...
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How long should you wait before filing a mechanic’s lien?

Many of you probably already know the answer. Simply look up the law of your state and find the last date to file. Then simply file a few days before. We must respectfully disagree. File the mechanics lien well before the deadline. There is rarely a legitimated reason for waiting more than 45 days after completion and nonpayment. This is a safe bet, because no state in the union has a filing date of less than 60 days. Quite frankly, ...
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Who is required to serve a Pre-Lien Notice in Florida?

Any many of our clients are aware, it is typical for a state to require a pre-lien notice well before the actual recording of the mechanic’s lien. So for example, in Florida, this state requires a Notice be sent near the beginning of the project. This pre-lien notice is called a “Notice to Owner or Notice to Owner/Notice to Contractor”. Who is required to serve this notice? In general terms, all contractors, subcontractors, laborers, and material/equipment suppliers who do not ...
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