Construction Liens

With the economic uncertainties of the construction industry, lien rights may be the best, if not the only, payment protection available to a contractor, subcontractor or supplier. Lien laws tend to be extremely detailed, and lien rights and defenses often involve extremely technical requirements. Our construction lien attorneys have broad experience in preparing and filing liens as well as defending against improper lien claims. Our lawyers have represented owners, contractors and bonding companies to evaluate whether liens have been properly filed, contain the correct information or may be subject to other defenses.

The Florida Construction Lien Laws was enacted to protect the rights of all parties to the construction process, including owners, contractors, and subcontractors.Our office assists with the drafting and interpretation of all the various forms contemplated by the Florida Construction Lien Law, including:

  • Notices of Commencement
  • Notices to Owner
  • Lien Releases
  • Payment Bonds
  • Claims of Lien
  • Waiver and Release of Lien
  • Final Contractor Affidavit

Rossway Swan advises contractors and sub-contractor throughout out the entire lien process from drafting and filing the lien through any necessary litigation. Our construction lawyers assist clients prepare, file, and properly record liens to preserve the clients rights and lien priority. If litigation becomes necessary to enforce the clients rights, our firm represents contractors and sub-contractors process their claims through litigation, alternative dispute resolution, and arbitration. Rossway Swan also has extensive experience in collecting and enforcing judgments.

The firm’s attorneys also represent owners defending against lien claims to evaluate the merits of a particular claim and determine whether the lien claim is proper and valid. In addition, the firm assists clients obtain the proper waivers and releases of liens against their property during a construction project to ensure clear title. Our firm provides clients educational services regarding the requirements of the construction lien laws to help potential claimants understand how to protect their interests and those defending lien claims understand the legal and factual defenses they may have to a lien claim. Rossway Swan’s educational services can minimize future costs and risks from a misunderstanding of the applicable lien laws.

The construction lawyers at Rossway Swan regularly assist our clients in assuring proper payments are made under the construction lien laws. Improper payment and insufficient proof of payment without obtaining the necessary waiver and release of lien can result in home owners paying double. Early intervention is the key to success in dealing with construction concerns and delays and our firm is proactive in resolving these concerns before they escalate.

With three offices located in Melbourne/Viera, Vero Beach and Coral Gables, the law firm of Rossway Swan serves clients throughout Florida. Contact us today to speak with one of our experienced construction lien attorneys.