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- Florida is an UNPAID BALANCE lien state.
- The lien process begins with the requirement that the Owner record a Notice of Commencement within 90 days prior to beginning construction, with the Clerk of Court in the county where the construction site is located. In order to exempt its property from liens, the Owner must also record a copy of the Bond with the Notice of Commencement. Section 713.13, Florida Statutes.
- If the owner recorded a bond with the Notice of Commencement, then the property may not be lienable. Instead, lienors must file suit against the bonding company and/or the principal named in the bond within one year of their last date of work.
- Under the Florida Statutes "Furnish materials" means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in the improvement, not including any design work, submittals, or the like preliminary to actual fabrication of the materials.
- Foreclosure: Owner can shorten deadline to 60 days by filing notice of contest of lien, or to 20 days by serving an order to show cause why the lien should not be discharged.
- Effective July 1st 2007, the statute amends the definition of “furnish materials” to include the delivery of rental equipment to project. The furnishing period includes the actual use of the rental equipment from the delivery through the time the equipment was last available for use, or 2 business days after the lessor of the rental equipment receives a written notice from the owner or the lessee to pick up the equipment, whichever occurs first.
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