Description
Construction Law
Edison & Edison represents homeowners, contractors, and subcontractors in need of legal representation, contract negotiation, or litigation. Whether you’re a homeowner who has suffered a construction defect, or a business who has either unpaid accounts, or defending a construction defect, our team of attorneys will help guide you through the process.
Not sure if you need a construction law attorney? If you answer yes to any of the below, our team can help you.
Are you a homeowner who has an issue with some aspect of a home improvement project that was defective?
Do you need assistance contesting a home warranty issue, or was your house built defectively?
Are you a contractor, subcontractor, or material provider who wasn’t paid by the contractors running the job, or not paid by the homeowner for the work that was done?
We can advise you of your best course of action and represent you through the litigation process.
Florida State Statute Chapter 713
Florida State Statute Chapter 713 provides protections to contractors, subcontractors, and material suppliers – lienors – of whom provide work, materials, or improvements to real property. Such protections are in place to secure the payment of work, materials, or improvements either completed or provided.
Chapter 713 is very complex though, contained within it are a plethora of specific procedures, time frames, and instances alike that must be followed by both the lienor and the property owner in order to utilize these protections.
Likewise, there are protections in place for private property owners to defend against wrongfully placed liens on their property. Again, there are very specific procedures and timeframes that must be followed.
The attorneys at Edison, Edison, & Brandt have the experience in navigating the complex rules governing Chapter 713. Our team’s experience has helped several clients achieve successful outcomes.
Lienors Concerns
- Who may claim a lien? | How to properly claim the lien?
- How to perfect a lien? | Is there privity?
- Does there need to be privity?
- Was there a notice requirement?
- If notice was required, was it properly followed?
- What is the statute of limitations to record a lien?
- What specific act begins the accrual process of the statute of limitations?
- How to enforce a lien?
- How to defend a properly filed lien from discharge by the property owner?
Property Owners Concerns
- How to contest a lien?
- How to prevent a lien from being recorded in the first place?
- How to respond to a claim of lien on your property?
- The timing of responding.
- How to defend against the enforcement of a lien?
- How to defend against a fraudulently placed lien?
- How to defend against a procedurally faulty lien?
- How to discharge a lien filed on your property?
- How to reduce the amount of time the lienor has to enforce the lien?
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