Hi, my name is Alex Barth, I'm a construction lawyer at the Bar That Firm. Today, we're going to talk about four very specific disclosures that may be required by the law to be in your construction contract. Let's get started. The first is the lien law disclosure. If your contract is in excess of $2,500 and is for the construction or repair of a residential dwelling up to four units, then your contract work is required to include a certain disclosure. This disclosure needs to be at least 12-point font, bold, and all caps. It needs to be either on the front page of your contract or on a separate page signed by the owner. In essence, this disclosure informs the owner that if they don't pay you, you have the right to lien their property and possibly sell it in a foreclosure proceeding. This disclosure is only required by those who have a direct contract with you, the owner. If your contract is as a subcontractor or supplier, this disclosure is not required by you. Additionally, if the owner hasn't suffered any prejudice because you did not include the disclosure, a court will not likely impose sanctions upon you. If the owner happens to be a licensed general contractor, the law says they didn't need the disclosure in the first place. Next is the construction defect disclosure requirement. If you have a contract with an owner, you're obligated to include a certain disclosure that informs the owner that, to the extent there is a construction defect, Chapter 558 of the Florida Statutes will control. Chapter 558 is a procedure that exists prior to a lawsuit to give both the owner and the contractor an opportunity to investigate and hopefully resolve claims regarding construction defects. Next is the recovery fund disclosure. This...
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Florida lien law notice to owner Form: What You Should Know
On Form D, you will want to attach one sheet for each page in the document you are requesting. Copy the sheet over onto another blank page, then print (on both sides of the front side of the paper you attached). On the front line, write the _____ name, followed by the date on which the notice needs to be given to the owner. The name or names that you write down here will determine which form that you fax back to us so that we know we have received the notice to _____ Place the “Notices to Owner” document on the line for the party that owes the money. For the owner: Write your _____ ____. In case the owner is not in court or is a debtor: The notice should be forwarded to him as soon as the last payment is subscribed. If the owner cannot afford to pay: If you are in business with the recipient, the notice should be served at _____ If you live closer to the recipient and have written proof that you are the owner: The notice should be given to him at _____ so that he can prove that you are the owner. What is the Lien or Bond for a Florida Notice to Owner? The Bond is the money paid for the work done by the supplier or the subcontractor in which the sender is the contracting party (usually the owner). The Bond is a legal guarantee of the payments. When is it important to file a bond for a Florida Lien Notice to Owner? This is a very common place to send the bond, at the point in which the owner is a debtor in the amount of the bond. This is because you need a surety for the owner so that they receive notice that they are being sued. Where to File a Florida Lien Notice to Owner? You must file a Notice to Owner in the county of which the notice is sent. This means that it should be in Leon County. Florida Statute (713.06) provides the procedure for how to accomplish this. The documents to complete the notice to owner in Florida are the Notice to Owner (TO) and the Bond (Bond). You must file these documents with Leon County at the same time you file a Florida Lien Notice to Owner. Florida Lien Notice to Owner — The Law Enforcement Perspective This is just the starting point for you.
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