The Florida Right of Retention Laws

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    Constuction Lien Law

    • Florida's construction lien law stipulates that if contractors or subcontractors who work on your property or provide materials are not paid in full, they have a right to a claim for payment against your property. Your property could be sold against your will if a lien is filed due to non-payment. To protect against this, ensure payment is made and there is a provision in the contract regarding release of lien.

    Miscellaneous Liens

    • There are also more general liens against personal property, under many different circumstances outlined in Florida statutes. For example, for farmers and laborers, there is a provision for lien in favor of crop laborers, managers or overseers on those same crops.

    Oil and Gas Liens

    • As with construction, those who do work the drilling or operating of any oil or gas well or in the construction of any oil or gas pipeline are entitled to a lien upon nonpayment, regardless of whether a producing well was gained.

    General Notes

    • Of course, when property is held in a right of retention circumstance, the value of the property must not outweigh the amount of money being disputed.

      Florida's lien laws are extremely complex; be sure to consult a knowledgeable attorney with any questions and to determine your rights.

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