Mechanic’s Lien Releases in Florida: How to Remove a Lien From Your Boca Raton Property
Having a construction lien recorded against your Boca Raton property can create serious headaches, potentially blocking a sale or complicating a refinance. Fortunately, Florida gives property owners several ways to remove a lien, and acting quickly can limit the damage.
Whether the lien is legitimate or not, knowing your options puts you in a stronger position. Our Boca Raton construction litigation lawyer explains the most effective ways to remove a mechanic’s lien from your property under state law.
How Construction Liens Get Recorded and Why They Are Hard to Ignore
A construction lien, sometimes called a mechanic’s lien, is a legal claim recorded against real property by contractors, subcontractors, or suppliers who were not paid for work or materials they provided. Florida’s Construction Lien Law gives them the right to secure their payment claim against the property itself.
Once recorded, a South Florida construction lien attaches to the title, impacting the owner’s ability to sell or refinance. Situations that commonly lead to construction liens in Boca Raton include:
- Payment disputes between general contractors and property owners.
- Disputes over whether work was completed or authorized.
- When a contract is terminated, and the parties disagree on any outstanding amounts owed.
- When the owner believes billed amounts are inflated or unsupported by the work performed.
- Failure on the part of general contractors to pay subcontractors for their work.
- When material suppliers go unpaid.
Construction liens in Boca Raton demand immediate attention. Florida law sets strict deadlines for enforcing and challenging them, and waiting too long can limit your options.
Your Options for Removing a Construction Lien in South Florida
Section 713 of the Florida Statutes provides property owners with several tools for removing a construction lien, and the right approach depends on the specific circumstances. These include:
- Paying the lien amount in full.
- Negotiating a settlement with the lienor for less than the full amount claimed.
- Filing a Notice of Contest of Lien shortens the lienor’s window to file a foreclosure lawsuit from one year to just 60 days.
- Transferring the lien to a cash bond or surety bond, removing the lien from the property, and substituting the bond as security for the claim.
- Petitioning the court to discharge a fraudulent or improperly filed lien when it is exaggerated or filed in bad faith.
Each of these options has specific procedural requirements under Florida law. Even small missteps in the process can delay resolution or leave the lien in place longer than necessary.
Contact Our Experienced Boca Raton Construction Litigation Lawyer
Construction liens in South Florida are a serious legal matter that requires prompt attention. At Neuman Law, P.A., our Boca Raton construction litigation lawyer helps property owners throughout South Florida evaluate their options, challenge improper liens, and clear their title as efficiently as possible.
Contact our office today to discuss your situation. We serve clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
flsenate.gov/Laws/Statutes/2023/Chapter713
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html