Founding attorney of Michael L. Morgan Law Group, Michael L. Morgan, has over two decades of legal experience. Growing up watching courtroom dramas where strong lawyers would win their cases on clever arguments and clever investigation strategies, Attorney Morgan was drawn to learning more about the law. He became interested in construction and personal injury after moving to Sarasota in 1998. There he began practicing with a large firm that had a worker’s compensation department and large construction law department, giving him the experience he needed in those areas. More...More...
The lien must be foreclosed in one year (713.22) unless the person or entity who owns the property upon which the lien is placed files a Notice of Contest of lien (713.18) which shortens the duration to 60 days from the date of the Notice of Contest.See More...
This is a common concern among owners. You will need to require that the contractor provide you partial lien releases for each sub who is on your job for each payment you make. For instance, if the contractor sends an invoice for $15,000, you should require a breakdown of where the $15,000 is going. Ask which of the subs are going to be receiving a part of the $15,000 payment and how much, then require a partial lien release for each sub identifieSee More...See More...
I have reviewed your question posed on Levelset. Any action to foreclose a lien must be commenced within one year of its recording. You can shorten the time to commence by other methods in Chapter 713, Florida Statutes. If the lien was bonded off, it is appropriate the bond amount be greater than the amount of the original lien because the bond must include potential attorney’s fees.See More...
Once you made the payment, the lien should be released right away. I would expect a reasonable period of time after payment to allow the attorney to communicate with his/her client, the contractor and obtain a satisfaction of lien. Any delay beyond a reasonable period of time is actionable. If you need assistance with this matter, please call my firm. (941) 945-4555 or reply to my email address: mmorgan@mlmorganlaw.com Thank you, M MorganSee More...