Mr. Rapp focuses his practice on the resolution of business disputes, construction litigation, and commercial landlord-tenant matters. He has a broad range of experience in construction lien and defect matters, contract disputes of all kinds, the enforcement of non-competition provisions, and real estate litigation in state and federal courts.
A sole practitioner based in West Palm Beach, FL, he handles matters throughout the state of Florida, and particularly in Palm Beach, Broward, Miami-More...More...
In order to have lien rights, you must have sent the owner a Notice to Owner either before you started working, or within 45 days of your first day of work. If you did that, the next step , generally speaking, is to record a Claim of Lien in the official records where the property is located within 90 days of your last day working at the property. Then, within 15 days of recording, send a copy of the Claim of Lien to the owner. A construction attorney in your area See More...See More...
If you provided the Owner with a Notice to Owner either before begining work on within 45 days of beginning work on the project, and it has been less than 90 days since you last furnished work on the project, you can file a lien. You should only include in the lien the amount due for the work actually completed. See More...
What options you have will depend on the facts of the case, including how long ago you filed the lien. Feel free to contact me if you wish to discuss. See More...
Before the lien expires you need to file a lawsuit against the owner in the county where the property is located to foreclose the construction lien. You likely also have claims for breach of contract or unjust enrichment, etc. You should contact a construction attorney in your area right away. See More...
Send the owner a copy of the lien within 15 days after recording. Send your contractor (and anyone else in between you and the owner) a copy too. You have 1 year from the date you recorded the Claimof Lien to file suit to forclose on your lien. If you have a direct contract with the owner, you'll need to provide the owner a Final Payment Affidavit at least 5 days before filing suit. See More...