Vero Beach, FL 772-231-4440

Melbourne, FL 321-984-2700

Coral Gables, FL 305-443-5020

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 were enacted to protect the rights of all parties to the construction process, including owners, contractors, and subcontractors. Our Firm 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

The Firm’s attorneys advise contractors and sub-contractors throughout the entire lien process from drafting and filing the lien through any necessary litigation. Our construction lawyers assist clients to 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 to process their claims through litigation, alternative dispute resolution, and/or arbitration. The Firm 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 to obtain the proper waivers and releases of liens against their property during a construction project to ensure clear title. Our Firm provides clients counsel addressing 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. The Firm’s services can minimize future costs and risks from a misunderstanding of the applicable lien laws.

The Firm’s construction lawyers 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 homeowners paying twice for the materials and services required for the construction of their home. 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 along Florida’s Atlantic coast, Rossway Swan serves clients throughout the Treasure Coast and Space Coast regions. To speak with one of our attorneys about your needs, please call (772) 231-4440 or request a consultation online today.