The Law Offices of
Daniel Moody, P.A.


(727) 596-3000

Detailed description of services we provide


Privately-Owned Projects

                                                                                                     

Upon receipt of your request for a Claim of Lien on a privately-owned construction project, we will use the information you provide using our request form, and:

 

  • Calculate your deadline for recording a Claim of Lien;

 

  • Determine whether you were required under Florida’s Construction Lien Law to serve a Notice to Owner on the property owner and/or a Notice to Contractor on the prime contractor;

 

  • Review the information contained in the Notice to Owner/Contractor (“NTO”) you served on the project - if an NTO was required and you served one;

 

  • Advise you of any apparent problem with regard to the timeliness of the service of your NTO,

 

  • Verify the Notice of Commencement information you provide (or locate the Notice of Commencement for the project if you do not have the information);

 

  • Compare your NTO with the Notice of Commencement information for the project and notify you of any apparent discrepancies as to the persons upon whom the NTO was served or the addresses used for service of the NTO;          

 

  • Obtain from the Secretary of the State of Florida, Division of Corporation, information as to the corporate status and address of all persons upon whom notices must be served on your behalf;

 

  • Determine from the Notice of Commencement if the prime contractor furnished a payment bond for the project;

 

  • Search the public records for any amended Notices of Commencement, Notices of Termination of Notice of Commencement, or Notices of Recommencement (any of which may significantly affect your legal rights);

 

  • Verify the property ownership via the County Property Appraiser’s Office website;

 

  • Search the public records for original deed of the property to the owner and any subsequent transfers of interest of all or any portion of the property by the owner;

 

  • Calculate the interest you are owed based upon the statutory rate (or your contract rate if you advise that your contract provides for interest);

 

  • Prepare a Claim of Lien and e-mail it to you to be executed under oath;          

 

  •  Prepare a Contractors Final Payment Affidavit (if you are required under Florida’s Construction Lien Law to serve one) and e-mail it to you to be executed under oath;


  • Record the Claim of Lien in the public records upon receipt of the executed Claim of Lien back from you (by e-mail or mail);


  • Prepare a demand.letter on your behalf to the property owner, and serve the demand letter along with a copy of the executed Claim of Lien and the executed Contractors Final Payment Affidavit (if required) on the property owner and all others required to be served under Florida’s Construction Lien Law;


  • Prepare and serve a Notice of Nonpayment to the contractor’s surety and any others required to be served (if the Notice of Commencement reflects that the prime contractor furnished a payment bond);


  • Furnish you with a copy of any responses received from the property owner, the prime contractor and/or any surety to the Claim of Lien, demand letter, Notice of Nonpayment or Contractors Final Payment Affidavit; and


  • Calculate your deadline for filing suit to foreclose on your Claim of Lien or to file suit against the prime contractor and surety on any payment bond, and advise you of the deadline(s).).