Fraudulent Lien Claims in Boca Raton: What Property Owners and Contractors Need to Know
A construction lien is a powerful legal tool. It gives Boca Raton contractors, subcontractors, and suppliers a way to secure payment for work they performed on a property. However, not every lien is legitimate.
Whether you are a property owner dealing with a lien you believe is inflated or fabricated, or a contractor making sure your claim is airtight, understanding how Florida handles fraudulent lien claims can protect you from serious legal and financial consequences. Our Boca Raton construction litigation lawyer explains what you need to know.
What Makes a South Florida Construction Lien Fraudulent
Under Chapter 713 of the Florida Statutes, individuals or companies can impose liens on property if they haven’t received payment for labor, materials, or services. A lien may be considered fraudulent in the following situations:
- The lien amount significantly exceeds the value of work performed or materials supplied.
- The lien includes charges for work the parties never agreed to, or that was never completed.
- The lienor filed after the statutory deadline had passed in an attempt to pressure the property owner.
- The lien was recorded against a property where the claimant performed little or no work.
- The lien misrepresents the claimant’s role on the project, such as claiming a direct contract that did not exist.
- Multiple liens filed by related parties collectively overstate the total amount owed.
Florida courts take a dim view of fraudulent lien filings and provide property owners with meaningful remedies when a lien crosses the line from aggressive to dishonest.
What Boca Raton Property Owners Can Do About a Fraudulent Lien
If you believe a lien filed against your property is fraudulent, you can petition the court to discharge it. If the court finds the lien was willfully exaggerated or filed in bad faith, it can void the lien entirely and award the property owner attorney’s fees and damages.
To protect your rights in a Boca Raton fraudulent lien claim, take these steps:
- Gather documentation that shows the actual scope and value of work performed on the project.
- Use a Notice of Contest of Lien to shorten the lienor’s window to file suit.
- Petition the court directly for a lien discharge if the lien appears fraudulent on its face.
- Pursue a claim for legal fees and damages if the court finds the lien was willfully exaggerated.
- Consult an experienced construction litigation lawyer early to determine whether the lien meets the legal threshold for fraud.
Boca Raton contractors and suppliers, take heed. Overstating a lien amount could leave you facing heavy legal fees and may undermine an otherwise valid payment claim.
Contact Our Experienced Boca Raton Construction Litigation Lawyer
A fraudulent lien can cloud your title, delay a sale or refinance, and put significant financial pressure on everyone involved. At Neuman Law, P.A., our Boca Raton construction litigation lawyer provides the knowledgeable, experienced legal representation you need.
Contact our office today to schedule a consultation. We serve clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html
https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=right%20to%20speak&URL=0700-0799/0713/Sections/0713.22.html