Mechanic's Lien Lawyers in Gainesville, FL
Construction projects can be costly and time-consuming. Contracts are required to ensure that all participating parties (developers, contractors, designers, laborers etc.) are fully aware of their responsibilities and share. Good contracts should outline the scope of work, dispute resolution strategies, and the amount of assets that will be bestowed to each party upon completion of the project. Unfortunately, the terms of a construction contract are not always adhered to. One may not gain the full amount, or any funds, of what was promised and outlined within the written agreements. Or unforeseen circumstances may result in delays. When this occurs, participating parties have the right to place a lien against a property to protect their interests.
Mechanic’s Lien Attorneys
A mechanic’s lien (or construction lien) can be filed against a piece of property as a way to collect owed assets. When people of different trades agree to work on a specific project, they are outputting resources, such as time and sometimes their own earnings, to ensure that a project is completed correctly. These people — developers, contractors, subcontractors, designers, developers, suppliers, laborers and others — have the right to place a lien on property to protect their investments. By placing a lien on a property, participating parties can legally force a property owner to disburse all necessary payments. If a property owner still refuses, you have the right to file suit against property owners or place the property at risk of foreclosure. In such case, a property owner may have to sell the property to make the payments that he/she owes.
Necessity of Florida Construction Lien Lawyers
Within the state of Florida, construction lien regulations can be complex and confusing. You should rely on an experienced construction litigation lawyer for assistance with the overall process. A mechanic’s lien attorney can assist you with identifying breach of contracts, file liens against property properly, and file successful lawsuits.
Identify Breach of Contracts
Good construction contracts are detailed and thorough. They specifically highlight the type and quality of work that is needed for a construction project, the people involved, ways to solve problems when unexpected events arise, and how payments will be disbursed. In order for the project to be successful, it is crucial that all parties understand and provide a signature to attest that they agree. The contract keeps the team on one accord. Everyone knows what is expected of them and how they will benefit from the project. When a breach of contract occurs, a term of the contract is violated. It can be an unreasonable delay in completion of a project, poor performance or operation of the project, or overall neglect of the project. Construction lawyers are trained to detect contract violations and ensure that you gain the rights and benefits that you lawfully bounded yourself to when you signed your contract.
File Liens Properly
While liens are filed against property to protect your investment as a contributor to a construction project, construction liens only work when they are filed properly. If a lien does not include necessary (or accurate) information (i.e. contact information, applicable owners, etc.) pertaining to a project, it can be considered null and void. In fact, if a lien is not filed correctly, a property owner has the right to file a lawsuit against you for filing a “fraudulent claim.”
To avoid this from happening to you, you should contact an experienced construction litigation attorney to review your document and ensure that the lien has everything it needs to be legally permissible.
File Successful Lawsuits
After filing a lien, you have the right to file a suit to foreclose on the property. This means that a piece of property can be forced on the market granting you with the assets that you were promised in the first place. This cannot be done without the help of an experienced construction lien attorney.
Let a Construction Law Attorney Help You Today
Mechanic’s/construction liens in the state of Florida are difficult. They require the appropriate protocol to be successful. One wrong move can cause you to gain only a portion of what you are owed or cause you to forfeit your rights altogether. Don’t allow this to happen to you. At the Warner, Sechrest & Butts, we have board-certified construction law attorneys in Gainesville, FL, who would be happy to assist you.
Contact us today.