In the latest episode of The Lien Zone Podcast, Alex provides a comprehensive guide for developers on managing and preventing liens on their projects.
Here are the key points discussed:
- Introduction to Liens: Understanding what a lien is, its purpose, and how it can affect property owners. Liens offer security to those who improve your property, granting them the right to claim payment through property sale if necessary.
- Notice to Owner (NTO): The importance of managing Notices to Owner as they indicate potential lien claimants. Developers should create a list of all notices received by project to track and ensure all parties are accounted for.
- Releases Are Key: The critical role of releases in protecting property owners from liens, emphasizing the need to obtain releases from every party that sends a Notice to Owner, regardless of payment status during that period.
- Understanding Lien Rights: A detailed explanation of who has lien rights, including general contractors, subcontractors, and certain professionals like architects and engineers.
- Timing Rules for Notices and Liens: The importance of adhering to timing rules for serving Notices to Owner and recording liens, including the 45-day rule for notices and the 90-day rule for lien recording.
- Lien and Notice Calculators: Tools like the Lien and Notice Calculator can help developers manage critical deadlines associated with Notices to Owner and liens.
- Calc-U-Lien – Have trouble figuring out when your Notice to Owner (NTO), Claim of Lien or Payment Bond/Notice of Nonpayment is due? Use our Calc-U-Lien app to help calculate Florida state Notice to Owner (NTO), Claim of Lien or Notice of Nonpayment (payment bond claim) dates. https://calc-u-lien.com
- Lien-O-Matic: Get your very own Lien-O-Matic, the Florida Construction Law Calculator. The Lien-O-Matic helps you understand what and when to file, depending on your role and type of construction project. https://lienomatic.com/
- Enforcing and Contesting Liens: Strategies for enforcing lien claims and contesting liens, including the use of Notices of Contest of Lien to reduce the enforcement period.
- Conditional vs. Unconditional Releases: The difference between conditional and unconditional releases and the significance of ensuring releases are correctly categorized to reflect payment receipt.
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About Our Host:
Alex Barthet
Principal, The Barthet Firm
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
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