FOUR LIEN ERRORS TO AVOID

The following article was written by Miami Construction Lawyer Alex Barthet and appeared first on TheLienZone. It was re-posted with permission. For more information about Alex and his firm, please visit www.TheLienZone.com and www.Barthet.com.

See below for some great information we found on lien errors. Do not ever hesitate to call us here at Licenses, Etc.! If we don’t have the information, we can find it!

A lien can often be prepared quickly, maybe too quickly. After all, it is just a simple form which you fill out and file, right? Not really. Any one of the following errors could invalidate your lien, causing you to lose this all important ability to protect your right to be paid.

  1. Recording it in the wrong county.
  2. Forgetting to file it on time.
  3. Overstating the amount of it.
  4. Liening non-lienable work.

Double check each it before it is filed. It may sound easy enough, but some of the lien law’s requirements may not be so clear. For example, where is the right county to record your lien – is it where the property is located or where the lienor’s business is located? The lien is going to encumber the property improved by your work so it is always filed where the property is located. Filing on time also seems pretty straightforward; however, knowing the correct time-frames applicable to a particular lien can make all the difference. Your calculation should be based on calendar not business days (using a Calc-U lien helps in this regard). Many contractors make this next mistake, exaggerating the amount of it. Rounding out the amount or putting in an estimated cost to complete versus the correct contract balance – neither would be correct. And finally does it actually cover lienable items – work which improved the property and is considered lienable under the applicable statute?

You’ve filed a lien because you’re concerned about getting paid. The last thing you want is a document that won’t stand up to the scrutiny of a construction expert or a judge. You want it to be right.

At Licenses, Etc., we help people get their contractor licenses at a fast and streamlined pace. Contact us about getting your license today by clicking here or calling 239-777-1028.



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