The Law Offices of
Daniel Moody, P.A.


(727) 596-3000

Fees for Services


For Privately-Owned Projects:


1.    Standard Claim of Lien and Notice of Nonpayment Service:

Preparation, recording and service of your Claim of Lien, preparation and service of a Contractors Final Payment Affidavit (if one is required under Florida’s Construction Lien Law), and preparation and service of a demand letter to the property owner on your behalf.  A Notice of Nonpayment will also be prepared and served on the prime contractor and surety(ies) if the Notice of Commencement reflects that a payment bond was furnished by the contractor on the project.  Note:  You must provide a copy of your Notice to Owner, or if no Notice to Owner was required, you must provide the Official Records Book and Page of the Notice of Commencement for the Project or sufficient information to enable us to readily locate the Notice of Commencement.  (click here for a more detailed description of the services provided)

$275.00[1], plus actual costs incurred for recording and service (postage)



2.    Expedited Claim of Lien and Notice of Nonpayment Service:


If the services described under paragraph 1 “Standard Claim of Lien and Notice of Nonpayment Service” are requested more than 80 days after your date of last furnishing, there will be an additional fee for expediting the preparation of the documents.  Additionally, service of documents by overnight delivery or hand delivery may be required, resulting in additional costs.

 
$400.00, total fee, plus actual costs incurred for recording and service 

                                                                           


3.    Subdivision Improvements  - No Recorded Notice of Commencement :

The preparation of a Claim of Lien for subdivision improvements where there is no recorded Notice of Commencement poses a unique challenge due to the inherent difficulty in accurately locating, identifying and describing the real property that is the subject of the lien.  For this reason, either a specific or estimated fee will be provided upon review of the information furnished in the request and the results of our research.


For Public (Government) Projects:

 

1.    Standard Notice of Nonpayment  

 

Preparation and service of a Notice of Nonpayment on the prime contractor and surety(ies).


$150.00, plus actual costs incurred for service (postage)

    


2.    Expedited Notice of Nonpayment:

If the services described under paragraph 1 “Standard Notice of Nonpayment” are requested more than 80 days after your date of last furnishing, there will be an additional fee for expediting the preparation of the notice.  Additionally, service of the notice by overnight delivery or hand delivery may be required, resulting in additional costs.

 
$250.00, total fee, plus actual costs incurred for recording and service 



WARNING


A construction Claim of Lien must be recorded in the county(ies) in which the real property that was improved by your labor, services or materials is located within ninety (90) days from the date of your last furnishing labor, services or materials to the project.  For purposes of calculating the ninety (90) day period, you cannot use the date of performing only punchlist, corrective or warranty work as the date of last furnishing.  The ninety (90) day deadline is a hard and fast rule without exceptions.



The preparation of a construction Claim of Lien in Florida constitutes the practice of law.  Other than a sole proprietor preparing a Claim of Lien on his/her own behalf, or an employee preparing a Claim of Lien for his/her employer, only attorneys can prepare claims of lien.  Some Notice to Owner service companies and out-of-state lien services allow you to input information into an online “fill-in-the-blank” form, but it is a violation of Florida’s criminal statutes for them to prepare a Claim of Lien on your behalf or to give you any advice as to whether or not you have lien rights based upon the information you supply.  Further, a Claim of Lien prepared in violation of the law may render the customer who requested the Claim of Lien liable for aiding and abetting the commission of a crime, and render the Claim of Lien invalid and unenforceable.



Florida’s construction lien laws are extremely complex and the recording of a Claim of Lien carries with it significant risks.  Improperly liening real property can result in a claim by the property owner for slander of title.  In addition, pursuant to Florida Statutes Section 713.31(2), a lienor who records a Claim of Lien later found by a court to have been “willfully exaggerated” in amount, or to have included work not performed or materials not furnished to the project, or which was “compiled with willful and gross negligence as to amount to a willful exaggeration,” is guilty of having recorded a “fraudulent lien.”  In such circumstances, the lienor is liable to the owner or defrauded party in damages including court costs, clerk’s fees, reasonable attorneys’ fees, bond premiums or costs incurred in discharging the lien, and punitive damages in an amount determined by statute.





[1]  This flat fee  is not applicable to Claims of Lien for labor, services or materials defined as "subdivision improvements" unless you can provide us with the O.R. Book and Page for a Notice of Commencement for the project.