Tampa Mechanic’s Lien Attorney
A mechanic’s lien, also known as a contractor’s lien or a construction lien, is a legal claim against a property bought by someone who has provided labor, materials, or services for an improvement or construction project. As such, these liens are obtained by contractors, subcontractors, and suppliers in most cases. A mechanic’s lien is meant to make sure that people who contribute to a project are properly compensated for the work they performed. Below, our Tampa mechanic’s lien attorney explains more about these claims.
Benefits of a Mechanic’s Lien
A mechanic’s lien has many benefits for contractors, subcontractors, and suppliers. These include:
- Legal protections: A mechanic’s lien ensures that parties who have not been paid have a legal means of securing payment for their materials or work they performed.
- Prompting timely payment: Knowing that it is possible for contributors to a project to obtain a mechanic’s lien is often encouragement enough for property owners to make timely payments, which reduces the risk of non-payment.
- Priority over creditors: Mechanic’s liens can sometimes give claims of contractors, subcontractors, and suppliers a higher priority than claims of other creditors.
How to File a Mechanic’s Lien
Filing a mechanic’s lien is a complex process that involves many procedural rules and deadlines. The main steps when filing a claim are as follows:
- Preparing Notice: If you believe you have a right to file a claim of lien, you must provide the property owner with proper notice. The Notice to Owner form will establish your right to file a claim of lien. Under state law, anyone who does not have direct contact with the owner must serve them and contractors with notice within 45 days of providing the work associated with the lien.
- Serving notice: After the Notice to Owner has been prepared, you must then serve it to the appropriate parties. You can do this in person, through certified USPS mail, or express delivery that requires a receipt.
- Recording claim of lien: You must record the claim of lien with the appropriate recording office within 90 days of the final day of providing work associated with the lien. This is a very strict deadline and if you do not comply with it, the lien will be rendered null and void.
- Serving claim of lien: After recording the claim of lien with the appropriate recording office, you must serve a copy to the property owner. You must do this either within 15 days of recording the claim of lien. Again, if you do not meet this deadline, the claim of lien will be rendered null and void.
Call Our Mechanic’s Lien Attorney in Tampa Today
If you are a contractor, subcontractor, or property owner facing a mechanic’s lien issue, call our Tampa mechanic’s lien attorney at BBDG Law first. We can help you navigate the process and ensure you comply with the different legal requirements and make sure your best interests are protected. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation.