Pursue Construction Lien Foreclosure In Florida With A Knowledgeable Construction Litigator

Construction liens are crucial tools for licensed contractors, subcontractors, suppliers and other businesses in the construction sector to ensure that they are paid for their services and materials. Chapter 713 of the Florida Statutes outlines the specifics of construction liens, providing a legal pathway to secure payment through lien foreclosures. This process enables construction professionals to enforce their rights when facing nonpayment by auctioning off the subject property. Florida law gives successful lien claimants the right to recover their attorneys’ fees and costs as well.

Lannon Land Litigation Local Law, PLLC, in Orlando helps construction businesses across central Florida pursue successful lien foreclosures, including for commercial properties. Founder Andrew “Andy” Lannon, a seasoned lawyer with over 20 years of experience, understands the process set forth in Chapter 713, Fla. Stat., intimately.

What Steps Must Be Completed Before Filing Foreclosure?

Successfully pursuing construction lien foreclosure depends on accuracy during initial filing stages that establish your legal foundation. Critical pre-foreclosure requirements include:

• Notice to Owner compliance: Proper service within statutory time frames creates your right to file a lien, while errors in these preliminary notices can invalidate your entire claim.
• Accurate Claim of Lien: Documents must contain precise property legal descriptions, work performed dates, amounts owed and proper claimant identification to withstand legal challenges.
• Statutory deadline adherence: Florida imposes strict one-year deadlines from the date you recorded your lien to file foreclosure actions, making timely filing absolutely critical.

These foundational steps determine whether your foreclosure action proceeds successfully or faces dismissal.

Filing a lis pendens provides public notice of pending litigation affecting the property, preventing owners from selling or refinancing without addressing your claim. The discovery phase allows parties to exchange documents and information supporting their positions through depositions, interrogatories and document requests. Leveraging documentary evidence crucial for your claim:

• Executed contracts: Original agreements establishing scope of work and payment terms.
• Approved change orders: Documentation of additional work authorized beyond the original contract.
• Detailed invoices: Itemized billing showing work performed, materials supplied and amounts owed.
• Signed lien waivers or releases: Any documents affecting your lien rights or payment claims.
• Expert witness testimony: Specialized knowledge addressing construction defects, industry standards or damage calculations beyond typical juror understanding.

Thorough preparation during these preliminary stages strengthens your position throughout the entire foreclosure process and increases the likelihood of successful payment recovery.

How Do Property Owners Challenge Construction Liens?

Property owners frequently raise defenses designed to invalidate liens or reduce claimed amounts. Understanding these common defense tactics allows construction professionals to anticipate challenges and prepare comprehensive responses:

• Improper notice allegations: Challenging service procedures or technical filing defects in your documentation.
• Construction defect claims: Alleging substandard work under Chapter 558 requirements that impose specific notice procedures before raising these defenses.
• Prior payment assertions: Producing cancelled checks or signed lien waivers disputing amounts owed.
• Exaggerated lien challenges: Claiming amounts exceed actual work performed or materials supplied.
• Fraudulent lien allegations: Asserting liens were filed to extract unwarranted settlements rather than collect legitimate debts.

Effective litigators counter these defenses through meticulous documentation review, deposing witnesses to expose testimony weaknesses and filing summary judgment motions when undisputed facts support your position, potentially avoiding full trials and reducing expenses.

Enforce Your Construction Lien Through Foreclosure

Learn more about the lien foreclosure process by calling 407-775-2567 or reaching out to the firm online. Attorney Lannon will answer all your questions and work tirelessly to help you secure payment in a timely manner.