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Mechanics lein

FloridaNotice of Intent to Lien

How do we prove the value of what we are asking for? If there’s no proof needed on a contractors part then why couldn’t contractors just go around placing liens on people properties?

2 replies

Jun 21, 2021
As with any contract claim both sides have the opportunity to show (1) the agreed amount; and (2) how much of it has been paid. As to the second part of your question, filing a lien for work not performed is a fraudulent lien. The willful filing of a fraudulent lien is a felony under Florida's Construction Lien Law.
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Jun 21, 2021
In order to establish the lien, the contractor will need to show that there was a contract - either verbal or written - requiring improvement to real property. To show the amount of the lien, the contractor should have invoices and back-up to establish the amount. For example, material invoices, labor and time sheets, and such. Failure to have such information can make proving the lien difficult. If you are challenging the amounts, you would need an expert witness to opine that the value of the improvement is not supported by the work in place.
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