
December 13, 2004 |
2004-R-0912 | |
FLORIDA’S LAW ON MECHANIC'S LIENS | ||
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By: Daniel Duffy, Principal Analyst | ||
You asked if Florida’s construction lien law requires contractors to perfect a lien on each job.
SUMMARY
Florida’s construction lien law operates similarly to Connecticut’s mechanic’s lien law. As a matter of law, contractors in both states have a lien whenever they perform services under contract to make an improvement to real property. As a first step to enforcing the lien, contractors must record a notice on the land records. Neither state requires contractors to perfect a lien on each job. But both states require liens to be perfected before they may be enforced.
ENFORCING LIENS
Florida’s construction lien law gives a lien to anyone who personally worked on a jobsite under an authorized contract (Fla. Stat. Ann. §§ 713. 02 and 713. 05). This provision is comparable Connecticut’s law giving a mechanic’s lien to anyone who has performed services in connection with an improvement to real property (CGS § 49-33).
Both states require contractors to perfect their lien by recording it. In Florida, contractors must record a “claim of lien” on the land records (Fla. Stat. Ann. §§ 713. 05 and 713. 08). In Connecticut, contractors must file a lien certificate (CGS § 49-34).
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