Raymond Leon Bass Jr. is a lawyer in Naples, FL concentrating on building constrcution collection issues. The great majority of his work is in the counties of Collier and Lee. Ninety percent of his work is civil trial practice. He gradulated from the University of Florida College of Law in 1983 and became a member of the Bar the same year. More...
First, do not use any document called "Preliminary Notice." You must deliver a "Notice to Owner" (NTO). Second, use the job address but add the permit numbers of all on your NTO. Also, check the notice of commencement (NOC) to see how the owner described the property and project. A copy is required to be on the job site. You are allowed to rely on the information provided by the owner in the NOC. See More...
Your statement of facts is not clear, but it sounds like you are part of a joint venture and are concerned that the other venturer will not pay you your share. If this is correct then the answer is no. A construction lien may be filed for unpaid labor, services and materials provided to improve real property. See More...
You should send the owner a copy of the lien (whether filed or not) by U.S. Certified Mail, return receipt requested. If the lien has been filed then you must send a copy within 15 days. If the lien is sent more than 15 days from filing the owner may avoid the lien by showing that it was unfairly prejudiced from the delay of being notified. The burden of proving receipt by the owner is on you. The statute says delivery by requiring a signed receipt is sufficient. See More...See More...
Your lien is now attached to either a surety bond or cash deposit. The lien can be foreclosed against the bond/deposit just like it could have been against the property. See a lawyer where the property located about this.See More...
You should file a lien without delay. Do not add any debt collection costs to your lien because doing so would invalidate it as a fraudulent lien. Your lien generally is for labor, serevices and materials included in the project. Payment of attorney's fees and court costs is secured by the lien if you have to file suit to foreclose it. Regarding the check, you must send a letter to the owner advising that payment of the check was dishonored. There is a statutorSee More...See More...