Can An Unlicensed Contractor file a Claim of Lien on My Property?

A lien filed by an unlicensed contractor, subcontractor, or sub-subcontractor is not valid; see §713.02(7), Florida Statutes, which states that no lien shall exist in favor of any party who is not properly licensed in the County in which the project is located for the work being performed. In short, if you do not have the proper licenses to do what you are doing, where you’re doing it, you have no lien rights. This comes into play particularly where unlicensed contractors “borrow” the license of others to secure building permits but attempt to contract in their own name and enforce a Claim of Lien in their own name.

Construction Lien Law is complex, and cannot be covered completely in a blog post. We highly recommend that whenever a specific issue arises, you consult an attorney directly.

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