Here is the reference to the Florida Lien law as described on the myflorida.com website. Good information for anyone who is having work done to their property. Great resource to educate the buyer on what to expect.
Florida's Construction Lien Law
Protect Yourself and Your Investment
According to Florida law, those who work on your property or provide materials, and are not
paid-in-full, have a right to enforce their claim for payment against your property. This claim is
known as a construction lien.
If your contractor fails to pay subcontractors or material suppliers, the people who are owed
money may look to your property for payment, even if you have paid your contractor in full.
This means that if a lien is filed against your property, your property could be sold
against your will to pay for labor, materials, or other services which your contractor may
have failed to pay.
This document provides information regarding Florida Statute 713, Part 1, as it pertains to home
construction and remodeling, and provides tips on how you can avoid construction liens on your
property.
Protecting Yourself
If you hire a contractor and the improvements cost more than $2,500, you should know the
following:
• You may be liable if you pay your contractor and he then fails to pay his suppliers or
contractors. There is a way to protect yourself. A Release of Lien is a written statement
that removes your property from the threat of lien. Before you make any payment, be
sure you receive this waiver from suppliers and subcontractors covering the materials
used and work performed on your property.
• Request from the contractor, via certified or registered mail, a list of all subcontractors
and suppliers who have a contract with the contractor to provide services or materials to
your property.
• If your contract calls for partial payments before the work is completed, get a Partial
Release of Lien covering all workers and materials used to that point.
• Before you make the last payment to your contractor, obtain an affidavit from your
contractor that specifies all unpaid parties who performed labor, services or provided
services or materials to your property. Make sure that your contractor provides you with
final releases from these parties before you make the final payment.
• Always file a Notice of Commencement before beginning a home construction or
remodeling project. The local authority that issues building permits is required to provide
this form. You must record the form with the Clerk of the Circuit Court in the county
where the property being improved is located. Also post a certified copy at the job site.
(In lieu of a certified copy, you may post an affidavit stating that a Notice of
Commencement has been recorded. Attach a copy of the Notice of Commencement to
the affidavit.)
• In addition, the building department is prohibited from performing the first inspection if
the Notice of Commencement is not also filed with the building department. You can
also supply a notarized statement that the Notice has been filed, with a copy attached.
The Notice of Commencement notes the intent to begin improvements, the location of the
property, description of the work and the amount of bond (if any). It also identifies the property
owner, contractor, surety, lender and other pertinent information. Failure to record a Notice of
2004 November 23 2 of 2
Commencement or incorrect information on the Notice could contribute to your having to pay
twice for the same work or materials.
Notice To Owner
Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the
owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address,
and a description of the real property and the nature of the services or materials being furnished.
The Notice to Owner must be served before commencing, or within 45 days of commencing, to
furnish the services or materials (but before owner's final payment to the contractor). A lien
cannot be enforced unless the lienor has served the Notice to Owner as described above.
Whose Responsibility is it To Get These Releases?
You can stipulate in the agreement with your contractor that he must provide all releases of lien.
If it is not a part of the contract, however, or you act as your own contractor, YOU must get the
releases.
If you borrow money to pay for the improvements and the lender pays the contractor(s) directly
without obtaining releases, the lending institution may be responsible to you for any loss.
What Can Happen If I Don't Get Releases Of Lien?
You will not be able to sell your property unless all outstanding liens are paid. Sometimes a
landowner can even be forced to sell his property to satisfy a lien.
Who Can Claim A Lien On My Property?
Contractors, laborers, materials suppliers, subcontractors and professionals such as architects,
landscape architects, interior designers, engineers or land surveyors all have the right to file a
claim of lien for work or materials. Always require a release of lien from anyone who does
work on your home.
Contesting A Lien
A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the
expiration of the year. An owner has a right to file a Notice of Contest of Lien during the oneyear
period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce
the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
____________________________________________________________________________
THE CONSTRUCTION LIEN LAW IS COMPLEX AND CANNOT BE COVERED
COMPLETELY IN THIS DOCUMENT. WE RECOMMEND THAT WHENEVER A SPECIFIC
PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
To register a complaint (or learn if complaints have been filed against a prospective
contractor), contact the Florida Department of Business and Professional Regulation's
Customer Contact Center at: 850.487.1395 or CallCenter@dbpr.state.fl.us
Or write to: Florida Department of Business and Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1027
Or visit online at: www.MyFloridaLicense.com
License verification is available 24 hours a day and /7 days a week by calling our Customer
Contact Center at 850.487.1395 or going online to www.MyFloridaLicense.com› Search for a
Licensee.
You may also contact your local building department or the Better Business Bureau
I wish you well on all of your improvements.
Chris Alley
Lazer of SW FL Inc.
http://www.lazerswfl.com/
Tuesday, July 15, 2008
Saturday, July 12, 2008
Some Things to Consider When You Renew, Expand or Relocate Your Business
Upon doing some research on Tenant Build-Outs I came across some information for businesses to consider. Sources available upon request.
- Carefully analyze how much space your business needs. Leasing too much space can be an expensive mistake, costing thousands of dollars per year. But leasing too little space can also be a serious problem that can impede your business' future growth. You can get a handle on your space needs by engaging an experienced Interior Architect to prepare a space inventory or "Space Program." The Space Program will help identify the space needed by various departments and work groups in your business. You may be able to identify future growth needs and structure your lease to accommodate your expansion needs.
- Decide up front on the geographic boundaries for your building search. Important factors to consider include proximity to current as well as future employees. Is visibility or easy highway access important? For instance, do your employees travel often to customer sites or to the airport? Might you consider avoiding inconvenient major roadway construction? Do you receive lots of client visits, where easy directions are important? Do you need a specific city or county mailing address? Is it critical to maintain your current phone number?
- What type of building do you need? What kind of image do you want to project to your clients and employees? Do you prefer a traditional multi-story office building with a common lobby entrance and shared restrooms? Or would you prefer a single-story R&D/Flex-type of facility with a separate entrance and perhaps a drive-in door in the back? Traditional office buildings offer space on a Rentable Square Foot ("RSF") basis while utilizing a Common Area Factor ("CAF") of approximately 10% to 15%. This CAF is added to the Usable Square Footage ("USF") of the actual area you occupy and accounts for the square footage of the shared building lobby, hallways and restrooms. In single-story R&D/Flex buildings, since Tenants have their own entrances and typically provide their own restrooms inside their premises, so no CAF is added to the USF.
- Does your company have special needs? Examples of special needs include heavy parking, fiber optic telecom connections, redundant or back-up power feeds, back-up emergency generators, exterior signage, above standard electrical power or heating, ventilation and air conditioning (called "HVAC"), high ceilings, dock-high or drive-in doors and/or specialized lab or clean room equipment. It is critical to identify your "must have" requirements early, because these issues may be impossible or very expensive to address later. The absence of just one of these highly variable factors may eliminate an otherwise acceptable building. It's much better to address these issues up front, not months into the process.
I wish you well for all your improvements!
Chris Alley
Tuesday, July 8, 2008
Trade Lingo
Here is some definitions of contractor lingo for all who are beginning or interested in becoming familiar with some basic construction terms. I found this on the FHBA site.
Allowance
A specific dollar amount allocated by a contractor for specified items in a contract for which brand, model number, color, size or other detail is not yet known. A specific dollar amount allocated by a contractor for specified items in a contract for which brand, model number, color, size or other detail is not yet known.
Bid
A proposal to work for a certain amount of money, based on plans and specifications for the project. A proposal to work for a certain amount of money, based on plans and specifications for the project.
Building Permit
A document issued by a governing authority, such as a building department, granting permission to undertake a construction project. A document issued by a governing authority, such as a building department, granting permission to undertake a construction project.
Call-back
An informal term for a return visit made by a contractor to repair or replace items the home owner has found to be unsatisfactory or that require service under the warranty. An informal term for a return visit made by a contractor to repair or replace items the home owner has found to be unsatisfactory or that require service under the warranty.
CGR (Certified Graduate Remodelor)
A professional certified program offered through the National Association of Home Builders (NAHB) RemodelorsÔ Council. To attain the CGR designation, a remodeler must take a specified number of continuing education courses and must comply with a strict code of ethics. A professional certified program offered through the National Association of Home Builders (NAHB) RemodelorsÔ Council. To attain the CGR designation, a remodeler must take a specified number of continuing education courses and must comply with a strict code of ethics.
Change Order
Written authorization to the contractor to make a change or addition to the work described in the original contract. The change order should reflect any changes in cost. Written authorization to the contractor to make a change or addition to the work described in the original contract. The change order should reflect any changes in cost.
Cost-plus Contract
A contract between a contractor and homeowner based on the accrued cost of labor and materials plus a percentage for profit and overhead. Also known as a time-and-materials contract. A contract between a contractor and homeowner based on the accrued cost of labor and materials plus a percentage for profit and overhead. Also known as a time-and-materials contract.
Draw
A designated payment that is "drawn" from the total project budget to pay for services completed to date. A draw schedule typically is established in the contract. A designated payment that is "drawn" from the total project budget to pay for services completed to date. A draw schedule typically is established in the contract.
Lien Release
A document that voids the legal right of a contractor, subcontractor or supplier to place a lien against your property. A lien release assures you that the remodeler has paid subcontractors and suppliers in full for labor and materials. A document that voids the legal right of a contractor, subcontractor or supplier to place a lien against your property. A lien release assures you that the remodeler has paid subcontractors and suppliers in full for labor and materials.
Mechanic’s Lien
A lien obtained by an unpaid subcontractor or supplier through the courts. When enforced, real property—such as your home—can be sold to pay the subcontractor or supplier.
Plans and Specifications
Drawings for the project, and a detailed list or description of the known products, materials, quantities and finishes to be used in the project. Drawings for the project, and a detailed list or description of the known products, materials, quantities and finishes to be used in the project.
Punch List
A list of items of work to be completed or corrected by the contractor, typically near or at the end of a project. A list of items of work to be completed or corrected by the contractor, typically near or at the end of a project.
Subcontractor
A person or company hired directly by the contractor to perform specialized work at the job site. Sometimes referred to as a trade contractor. A person or company hired directly by the contractor to perform specialized work at the job site. Sometimes referred to as a trade contractor
This information is located at
http://www.fhba.com/index.cfm?referer=content.listAreaSummary&id=97
I wish you well on all your improvements.
Chris Alley
Lazer of SW FL Inc.
CBC1250945
www.LazerSWFL.com
Allowance
A specific dollar amount allocated by a contractor for specified items in a contract for which brand, model number, color, size or other detail is not yet known. A specific dollar amount allocated by a contractor for specified items in a contract for which brand, model number, color, size or other detail is not yet known.
Bid
A proposal to work for a certain amount of money, based on plans and specifications for the project. A proposal to work for a certain amount of money, based on plans and specifications for the project.
Building Permit
A document issued by a governing authority, such as a building department, granting permission to undertake a construction project. A document issued by a governing authority, such as a building department, granting permission to undertake a construction project.
Call-back
An informal term for a return visit made by a contractor to repair or replace items the home owner has found to be unsatisfactory or that require service under the warranty. An informal term for a return visit made by a contractor to repair or replace items the home owner has found to be unsatisfactory or that require service under the warranty.
CGR (Certified Graduate Remodelor)
A professional certified program offered through the National Association of Home Builders (NAHB) RemodelorsÔ Council. To attain the CGR designation, a remodeler must take a specified number of continuing education courses and must comply with a strict code of ethics. A professional certified program offered through the National Association of Home Builders (NAHB) RemodelorsÔ Council. To attain the CGR designation, a remodeler must take a specified number of continuing education courses and must comply with a strict code of ethics.
Change Order
Written authorization to the contractor to make a change or addition to the work described in the original contract. The change order should reflect any changes in cost. Written authorization to the contractor to make a change or addition to the work described in the original contract. The change order should reflect any changes in cost.
Cost-plus Contract
A contract between a contractor and homeowner based on the accrued cost of labor and materials plus a percentage for profit and overhead. Also known as a time-and-materials contract. A contract between a contractor and homeowner based on the accrued cost of labor and materials plus a percentage for profit and overhead. Also known as a time-and-materials contract.
Draw
A designated payment that is "drawn" from the total project budget to pay for services completed to date. A draw schedule typically is established in the contract. A designated payment that is "drawn" from the total project budget to pay for services completed to date. A draw schedule typically is established in the contract.
Lien Release
A document that voids the legal right of a contractor, subcontractor or supplier to place a lien against your property. A lien release assures you that the remodeler has paid subcontractors and suppliers in full for labor and materials. A document that voids the legal right of a contractor, subcontractor or supplier to place a lien against your property. A lien release assures you that the remodeler has paid subcontractors and suppliers in full for labor and materials.
Mechanic’s Lien
A lien obtained by an unpaid subcontractor or supplier through the courts. When enforced, real property—such as your home—can be sold to pay the subcontractor or supplier.
Plans and Specifications
Drawings for the project, and a detailed list or description of the known products, materials, quantities and finishes to be used in the project. Drawings for the project, and a detailed list or description of the known products, materials, quantities and finishes to be used in the project.
Punch List
A list of items of work to be completed or corrected by the contractor, typically near or at the end of a project. A list of items of work to be completed or corrected by the contractor, typically near or at the end of a project.
Subcontractor
A person or company hired directly by the contractor to perform specialized work at the job site. Sometimes referred to as a trade contractor. A person or company hired directly by the contractor to perform specialized work at the job site. Sometimes referred to as a trade contractor
This information is located at
http://www.fhba.com/index.cfm?referer=content.listAreaSummary&id=97
I wish you well on all your improvements.
Chris Alley
Lazer of SW FL Inc.
CBC1250945
www.LazerSWFL.com
Remodeling Tips
I found this information today on the FHBA site. It is a very good starting point for anyone considering remodeling. Here is the information:
Living With Your Remodeling Project
Remodeling your home is uniquely different from building a new home. With remodeling, your home becomes the worksite. You live side-by-side with the project from start to finish. Once construction begins, you'll probably long for simple pleasures like a dust-free home or a fully functioning kitchen or bath. But the end result will be well worth these inconveniences.
Communication
Consistent and open communication between you and your remodeler will enhance your understanding of the project, provide an opportunity to exchange ideas, and ultimately help to make the experience a positive one for everyone involved. To facilitate this process, you need to:
Determine who you and your remodeler should contact for daily decisions or an after-hours emergency. For example, your contact may be the lead carpenter for the job, while the remodeler's contact could be your spouse.
Designate a backup for each contact person to assure continuity in anyone's absence.
Create a place in your house where the contact persons can leave messages for each other (a securely anchored notebook is a good idea since it is less likely to disappear).
Speak up. If you are uncertain about any aspect of the project, be sure to let the contact person know.
The Pre-Construction Meeting
One way to ensure the success of your project is to plan for and actively participate in a pre-construction meeting. This allows your remodeler to clarify procedures and explain how the job will progress. It also offers both you and your remodeler an opportunity to prepare for those issues that may arise later. You should think of this meeting as a forum for all participants to define their expectations and agree on the anticipated outcome.
Some of the issues you may wish to cover at this meeting include:
Will you allow your remodeler to place a company sign on your property? Remember that, in addition to being a marketing tool, signs help contractors and suppliers locate your home.
What areas of your home will be off limits to workers?
Does your house have an alarm system? Will workers need a key or will someone always be there?
How will you ensure that your children and pets stay out of the work space?
How will trash removal be handled? Where will the remodeler locate the dumpster on your property?
Does the remodeler anticipate any interruptions of utilities during the project? If so, when and for how long? At certain stages of construction, the project may affect basic household necessities like water and electricity. Will you need to vacate the house at any time?
What are your expectations regarding clean up? Will sweeping be sufficient for a daily cleaning, or will you need a more thorough cleaning in order to use the space ?
You should also use the pre-construction meeting to establish guidelines for the remodeling crew working on the project:
Determine who you and your remodeler should contact for daily decisions or an after-hours emergency. For example, your contact may be the lead carpenter for the job, while the remodeler's contact could be your spouse.
What times will workers begin and end work at your home? Be sure to consider the neighbors as well as household members.
Where can workers park near the jobsite?
Will you allow workers to use your phone for local business calls?
Will bathroom facilities in your home be available to workers?
What is the remodeler's policy on smoking on the jobsite?
What is the remodeler's policy on the use of profanity? If you are especially sensitive to this issue, you should let your remodeler know.
Will you allow workers to play their radios at a reasonable volume? Are there any stations or programs that you do not want played?
Preventing Remodeling Fever
The train-station atmosphere of a remodeling project can lead to remodeling fever. The main symptom of this temporary affliction is feeling a loss of control that results from disrupted routines and the impact on your personal space. The best way to prevent this fever is to prepare well, remember that "this too shall pass," and focus on the progress being made. A few other suggestions from remodeling pros:
Prepare for inconvenience. A remodeling project can turn your home and -- on some days -- your life upside down. A kitchen remodel will, of course, affect meal planning. But a little ingenuity and some culinary shortcuts can lessen the impact. Set up a temporary cooking quarters by moving the refrigerator, toaster oven, and microwave to another room. Arrange a dishwashing station in your laundry room. If the weather is warm, fire up the grill and dine alfresco.
Designate a safe haven in your home where you can escape from the chaos and commotion.
Guard against dust. During a remodeling project, dust has the unfortunate tendency to appear everywhere from lampshades to plates stacked inside your kitchen cabinets. To keep out as much dust as possible: 1) Seal off doorways and stairs; 2) Turn off central air or heat when workers are sanding and stock up on extra filters so that you can change them often; 3) Have deliveries made though a designated entrance; 4) Use doormats and temporary floor coverings where appropriate; 5) Remove anything that might get damaged by the dust or at least cover it with plastic drop cloths that are taped shut.
Maintain a sense of humor, Remember that certain things are out of your control and it's best to laugh rather than upset yourself about things like the weather or delayed delivery of materials.
See the remodeling process as an adventure. Tell the kids that your are "camping in" and transform inconvenience into fun. Along the way, celebrate as different stages of the project are completed.
For more information on choosing a professional remodeler and managing every phase of your remodeling project, be sure to visit The Remodeling Resource, a service of the National Association of Home Builders Remodelors™ Council on the World Wide Web at www.remodelingresource.com. To order a free copy of How to Find a Professional Remodeler, send a self-addressed stamped envelope to:
NAHB Remodelors Council
Dept. CS-J
1201 15th Street NW
Washington, D.C. 20005
The website for this document is
http://www.fhba.com/index.cfm?referer=content.listAreaSummary&id=103
I wish you well on all your improvement projects!
Chris Alley
Lazer of SW FL Inc.
CBC1250945
www.LazerSWFL.com
Living With Your Remodeling Project
Remodeling your home is uniquely different from building a new home. With remodeling, your home becomes the worksite. You live side-by-side with the project from start to finish. Once construction begins, you'll probably long for simple pleasures like a dust-free home or a fully functioning kitchen or bath. But the end result will be well worth these inconveniences.
Communication
Consistent and open communication between you and your remodeler will enhance your understanding of the project, provide an opportunity to exchange ideas, and ultimately help to make the experience a positive one for everyone involved. To facilitate this process, you need to:
Determine who you and your remodeler should contact for daily decisions or an after-hours emergency. For example, your contact may be the lead carpenter for the job, while the remodeler's contact could be your spouse.
Designate a backup for each contact person to assure continuity in anyone's absence.
Create a place in your house where the contact persons can leave messages for each other (a securely anchored notebook is a good idea since it is less likely to disappear).
Speak up. If you are uncertain about any aspect of the project, be sure to let the contact person know.
The Pre-Construction Meeting
One way to ensure the success of your project is to plan for and actively participate in a pre-construction meeting. This allows your remodeler to clarify procedures and explain how the job will progress. It also offers both you and your remodeler an opportunity to prepare for those issues that may arise later. You should think of this meeting as a forum for all participants to define their expectations and agree on the anticipated outcome.
Some of the issues you may wish to cover at this meeting include:
Will you allow your remodeler to place a company sign on your property? Remember that, in addition to being a marketing tool, signs help contractors and suppliers locate your home.
What areas of your home will be off limits to workers?
Does your house have an alarm system? Will workers need a key or will someone always be there?
How will you ensure that your children and pets stay out of the work space?
How will trash removal be handled? Where will the remodeler locate the dumpster on your property?
Does the remodeler anticipate any interruptions of utilities during the project? If so, when and for how long? At certain stages of construction, the project may affect basic household necessities like water and electricity. Will you need to vacate the house at any time?
What are your expectations regarding clean up? Will sweeping be sufficient for a daily cleaning, or will you need a more thorough cleaning in order to use the space ?
You should also use the pre-construction meeting to establish guidelines for the remodeling crew working on the project:
Determine who you and your remodeler should contact for daily decisions or an after-hours emergency. For example, your contact may be the lead carpenter for the job, while the remodeler's contact could be your spouse.
What times will workers begin and end work at your home? Be sure to consider the neighbors as well as household members.
Where can workers park near the jobsite?
Will you allow workers to use your phone for local business calls?
Will bathroom facilities in your home be available to workers?
What is the remodeler's policy on smoking on the jobsite?
What is the remodeler's policy on the use of profanity? If you are especially sensitive to this issue, you should let your remodeler know.
Will you allow workers to play their radios at a reasonable volume? Are there any stations or programs that you do not want played?
Preventing Remodeling Fever
The train-station atmosphere of a remodeling project can lead to remodeling fever. The main symptom of this temporary affliction is feeling a loss of control that results from disrupted routines and the impact on your personal space. The best way to prevent this fever is to prepare well, remember that "this too shall pass," and focus on the progress being made. A few other suggestions from remodeling pros:
Prepare for inconvenience. A remodeling project can turn your home and -- on some days -- your life upside down. A kitchen remodel will, of course, affect meal planning. But a little ingenuity and some culinary shortcuts can lessen the impact. Set up a temporary cooking quarters by moving the refrigerator, toaster oven, and microwave to another room. Arrange a dishwashing station in your laundry room. If the weather is warm, fire up the grill and dine alfresco.
Designate a safe haven in your home where you can escape from the chaos and commotion.
Guard against dust. During a remodeling project, dust has the unfortunate tendency to appear everywhere from lampshades to plates stacked inside your kitchen cabinets. To keep out as much dust as possible: 1) Seal off doorways and stairs; 2) Turn off central air or heat when workers are sanding and stock up on extra filters so that you can change them often; 3) Have deliveries made though a designated entrance; 4) Use doormats and temporary floor coverings where appropriate; 5) Remove anything that might get damaged by the dust or at least cover it with plastic drop cloths that are taped shut.
Maintain a sense of humor, Remember that certain things are out of your control and it's best to laugh rather than upset yourself about things like the weather or delayed delivery of materials.
See the remodeling process as an adventure. Tell the kids that your are "camping in" and transform inconvenience into fun. Along the way, celebrate as different stages of the project are completed.
For more information on choosing a professional remodeler and managing every phase of your remodeling project, be sure to visit The Remodeling Resource, a service of the National Association of Home Builders Remodelors™ Council on the World Wide Web at www.remodelingresource.com. To order a free copy of How to Find a Professional Remodeler, send a self-addressed stamped envelope to:
NAHB Remodelors Council
Dept. CS-J
1201 15th Street NW
Washington, D.C. 20005
The website for this document is
http://www.fhba.com/index.cfm?referer=content.listAreaSummary&id=103
I wish you well on all your improvement projects!
Chris Alley
Lazer of SW FL Inc.
CBC1250945
www.LazerSWFL.com
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