Service Requirements for Copies of Construction Liens in Florida

Florida law requires that a copy of the construction lien be served on the owner of the real property “before recording or within 15 days after recording” the construction lien. Although a lienor is only required to serve a copy of the construction lien on the owner, as soon as a construction lien is signed and notarized, a copy should be sent to everyone listed on the notice of commencement and the notice to owner. Furnishing copies of the construction lien to more than just the owner may assist the lienor in obtaining payment because numerous parties will be aware of labor and materials provided and amounts outstanding. It is recommended that certified mail, return receipt requested be used to establish proof of receipt. Failure to timely serve a copy of the construction lien on the owner renders the construction lien voidable if prejudice can be established by any person entitled to rely on the service.

Picture of Barry Kalmanson, Esq

Barry Kalmanson, Esq

Mr. Kalmanson has concentrated his practice in the construction industry for more than 30 years. His emphasis is on the representation of subcontractors and materialmen. He has represented parties in thousands of construction lien, payment bond actions and construction payment disputes. In addition to being a licensed attorney and a State of Florida Certified building Contractor for more than 30 years, Mr. Kalmanson served as Chairman of the State of Florida Construction Industry Licensing Board pursuant to a gubernational appointment and Senate confirmation. He also served as a subject matter expert composing construction lien law test questions for the Department of Business and Professional Regulation's construction licensure examinations. For more than 25 years, Mr. Kalmanson has served as counsel for the ICPC - Florida Improved Construction Practices committee, Construction Lien Law (icpc-florida.com). He is a frequent lecturer on the Construction Lien Law and has published numerous articles and a book on the subject.

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