CLAIM OF LIEN EXPLANATION OF LETTER KEYS
The letter keys in the foregoing Claim of Lien are explained as follows:
A. Place of Execution: This section at the upper left describes the State and County where the document is executed, this may not be where the project is located.
B. Name of Person Swearing to the Truth of the Lien: Although a lien is executed on behalf of a lienor who may be either a "corporate person" or a "natural person", the name of the person who signs the lien is filled in here.
C. Title of Person Making the Lien: An owner, officer or agent empowered to sign.
D. Name of Firm Filing the Lien: Name of Firm or Owner of Firm d/b/a. For example:
Robert Koning, d/b/a FMI Construction.
E. Owner or Contractor: The name of the party that you are contracting with, or who gave you the order.
F. Description of Services or Materials: Just as in the notice to owner, you may give a general description denoting the type of work (e.g. air conditioning, ductwork, plumbing, plastering, etc.) and whether it is labor, materials, or both.
G. County of Improved Property: Self explanatory.
H. Description of Property: This should be a legal description.
I. Name and Address of Owner: Self explanatory. Remember that lessors and lessees should be included where appropriate, and their interest denoted. Example:
102 Cypress Street
150 10th Avenue
St. Pete, Florida
J. Total Value of Services and Materials Performed: Only the amount earned to date, or delivered to date, should be included.
K. Amount Owing: Amount earned or delivered to date less any payments made.
L. Date that Claimant First Supplied Labor Materials: The first date that labor or materials were supplied to the job site.
M. Date that Lienor Last Supplied Labor or Materials: Actual date of work not including: "Punch Out", "Touch Up", or "Minor Completion Work". The date when you are "Substantially Complete" is a safe basis to use as the "Last Day".
N. Date of Service of Notice to Owner: Only required where not in privity with owner, except a laborer never need send a notice to owner.
O. The Method of Service: The methods of service authorized by statute for notice to owner are:
1. Actual delivery
2. Certified or Registered mail with return receipt
3. If none of the above, by posting at the job site in a conspicuous place protected from the elements.
Indicate which method(s) of service utilized in serving the notice(s) to owner.
P. Name of Contractor and Subcontractor where Required: If you are working for a subcontractor or supplying materials to a sub-subcontractor, you will have to indicate the name(s) and when and how a copy of a notice to owner was served on them.
Q. Name of Preparer: Under the Scrivener's Act, all recorded documents must bear the name and address of the natural person (not a corporation) preparing the document before recording. Although preparation of a claim of lien is not the most difficult task in the world, it is sufficiently complex that the Florida Bar has determined that the preparation of claims of lien for other than one's self should not be done by a non-lawyer. A non-lawyer engaged in the preparation of claims of lien for others would be engaged in the unlicensed practice of law. Requiring the name and address of the preparer of the document has aided in the enforcement of unlicensed practice of law.
Remember that the claim of lien must be recorded in the county(ies) where the improved property is located.
A claim of lien can be recorded for under $10.00 in most cases.
A copy of the claim of lien should be served on the property owner within 15 days of recording.