A Contractor Placed a Mechanic’s Lien on My House. What Now?

What Can a Mechanic’s Lien Do?

Discovering that a contractor has placed a mechanic’s lien on your house can be alarming. Mechanic’s liens, while legal tools for contractors to secure payment, can significantly stress homeowners.

They can cloud the title of your property, which could potentially lead to foreclosure if unresolved. Understanding why the lien was filed and the steps to address it is necessary for protecting your home and financial stability.

Why Was a Lien Filed?

Mechanic’s liens are designed to protect contractors, subcontractors, and suppliers who provide labor or materials for construction projects.

However, they are often filed when disputes arise over payment. Common reasons for a lien include:

Nonpayment Disputes

The most frequent reason for a mechanic’s lien is a contractor or subcontractor claiming they were not paid for their work.

This could result from a disagreement over the quality of work, delays, or failure to meet agreed-upon terms. Even if you paid the general contractor, subcontractors or suppliers who were not compensated might still file a lien against your property.

Disputed Project Scope or Additional Work

Sometimes, disputes arise when a contractor performs additional work outside the scope of the original agreement, expecting extra payment.

If there is no written agreement or change order, misunderstandings about payment responsibility can lead to a lien being filed.

Miscommunication or Errors

Sometimes, liens are filed because of administrative mistakes, such as failing to track payments or miscommunication about amounts owed.

Regardless of intent, the lien can still affect your property until resolved.

Understanding the root cause of the lien can help you decide on the best course of action.

Florida’s Mechanic’s Lien Laws

Florida has specific laws governing mechanic’s liens to ensure fairness to both contractors and property owners.

Familiarity with these regulations can help you determine whether the lien on your property is valid.

Notice of Commencement and Claim of Lien

Florida’s lien process begins with a Notice of Commencement, which the property owner must file before work starts.

This document details the project, parties involved, and payment arrangements. Contractors and subcontractors who wish to preserve their lien rights must follow specific steps:

• Subcontractors or suppliers must serve a “Notice to Owner” within 45 days of starting work to inform the owner of their involvement.
• If payment issues arise, the contractor files a Claim of Lien in the county where the property is located. This document must be recorded within 90 days of completing the work.

Deadlines Contractors Must Follow

Florida law imposes strict deadlines for filing and enforcing mechanic’s liens:

• Recording the lien: As mentioned, the Claim of Lien must be recorded within 90 days of project completion.
• Foreclosure action: The lienholder has one year from the date the lien is recorded to file a lawsuit to enforce it. If no action is taken within this time, the lien expires.

Failure to follow these deadlines renders the lien invalid, so verifying compliance is a crucial first step in addressing the lien.

Steps to Address the Lien

Facing a mechanic’s lien can feel overwhelming, but proactive steps can help you resolve the issue effectively.

Verify the Validity of the Lien

Before taking any action, ensure the lien is valid under Florida law.

Check whether:

• The contractor or subcontractor followed the proper notice requirements.
• The Claim of Lien was filed within the 90-day deadline.
• The lien includes accurate information, such as the amount owed and the property description.

If the lien is invalid, you may be able to have it removed without further payment or negotiation.

Negotiate Payment or File a Notice of Contest

If the lien is valid, you have a few options for resolving it:

• Negotiate a settlement: In many cases, the contractor or subcontractor is willing to negotiate a payment plan or accept a reduced amount to release the lien.
• File a Notice of Contest: This document shortens the lienholder’s deadline to enforce the lien to 60 days. If the lienholder does not file a lawsuit within this period, the lien is extinguished.

Litigation

If negotiation fails, the lienholder may file a lawsuit to enforce the lien, which could lead to foreclosure on your property.

At this stage, legal representation is critical to protecting your rights and exploring potential defenses.

For example, you might argue that the work was not performed as agreed or that the lienholder failed to comply with Florida’s procedural requirements.

Preventative Measures

While avoiding a mechanic’s lien is impossible, taking preventative measures before and during a project can reduce your risk significantly.

Using Lien Waivers

Lien waivers are documents signed by contractors or subcontractors to confirm they have been paid and waive their right to file a lien.

You can request lien waivers before making any payments to ensure that all parties are properly compensated. These waivers can be conditional (valid once payment is cleared) or unconditional (valid upon signing).

Verifying Contractor Credentials

Choosing reputable contractors is essential for minimizing disputes and ensuring work is completed as agreed. Before hiring a contractor, take these steps:

Check licensing: Verify that the contractor is licensed and insured in Florida.

Research reviews: Look for customer reviews or references to gauge the contractor’s reliability.

Request detailed contracts: Ensure the contract includes a clear scope of work, payment terms, and procedures for handling disputes or changes.

You can protect yourself from legal issues by vetting contractors and implementing safeguards like lien waivers.

Consult Linton Robinson & Higgins, LLP

A mechanic’s lien can complicate your life and create significant legal and financial challenges.

Acting quickly to verify the lien’s validity, negotiate a resolution, or contest the claim is essential to protecting your property.

Understanding Florida’s mechanic’s lien laws and working with an experienced attorney can make all the difference in resolving the issue efficiently.
If you’re facing a mechanic’s lien on your property, don’t wait to act.

Our skilled legal team at Linton Robinson & Higgins, LLP is here to guide you through the process and help you protect your home and financial future.

Contact Linton Robinson & Higgins, LLP at 786-882-7316 in Miami and 332-241-9036 in New York City for a free consultation.