HomeMy WebLinkAbout1990 Fence PermitBUILDING PERMIT
CITY OF SEBASTIAN, FLORIDA
THIS CARD MUST BE POSTED IN A CONSPICUOUS PLACE
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Permit No. 106W 40977
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WHEN CAN A LIEN BE FILED AGAINST
YOUR PROPERTY?
There are two instances which can result in a
lien being filed against your property:
1. If you fail to pay your contractor
for work performed, your property can
be subject to a Mechanics' Lien filed by
the contractor.
2. If a laborer, subcontractor, or a
person supplying materials to your
property is not paid and has given you
a "Notice to Owner" and your contractor
fails to pay that laborer, subcontrac-
tor or materialman, they can file a Me-
chanics' Lien against your property. A
"Notice to Owner" is a written state-
ment that gives you the name, address,
and description of the work to be done
by the subcontractor or materialman.
WHAT TO DO TO PROTECT YOURSELF
For your protection, if you are planning to
spend over $2, 500 on building or improvements,
before you start building it is suggested:
1. You consult an attorney regarding the
Mechanics' Lien Law before starting a
major construction project. Make sure
that all requirements for recording and
posting the "Notice of Commencement"
have been accomplished.
2. Before making any payments to your
contractor, you should get a sworn
statement in writing that the contrac-
tor has paid all the bills for your job.
3. If you have received a "Notice to Owner"
from anyone, you should require your
contractor to get a sworn statement
from each such person stating that they
have been paid for all work done on your
job. This should be done before making
any payments to your contractor.
4. If you are borrowing money to complete
the improvements and the lender pays
the contractor directly, you should
make sure the lender is getting these
sworn statements before any payments
are made to the contractor.
5. If a Mechanics' Lien is filed against
your property, consult an attorney
immediately.
Notire of Commenrement
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NOTICE OF COMMENCEMENT.
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Notary Pb"
THE AUTHORITY ISSUING THE BUILDING PERMIT IS REQUIRED BY LAW
TO GIVE THE OWNER AND THE APPLICANT A COPY OF THIS STATEMENT. THIS STATEMENT
IN NO WAY IMPLIES THAT YOUR CONTRACTOR IS UNRELIABLE.
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This public document was promulgated at an annual cost of $272.56 or $0.14
per copy to inform Floridians of consumer interest matters.
Doyle Conner
Commissioner
NOTICE
Summarization of
Mechanics' Lien Law
CONTRACTORS:
THIS NOTICE MUST BE GIVEN TO
PROPERTY OWNERS BEFORE CONSTRUCTION BEGINS.
PROPERTY OWNERS:
READ THIS STATEMENT CAREFULLY. YOUR FAILURE TO COMPLY WITH THE
MECHANICS' LIEN LAW MAY RESULT IN A LIEN BEING FILED AGAINST YOUR
PROPERTY AND MAY RESULT IN YOU PAYING TWICE FOR BUILDING IMPROVEMENTS.
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The Florida Department of Agriculture and Consumer Services is required by Florida law (Section
713.135, Florida Statutes) to supply issuing authorities with a printed statement that ... "The
right, title, and interest of the person who has contracted for the improvement may be subject
to attachment under the Mechanics' Lien Law." Florida law also requires the issuing authority
to provide such information to any applicant who applies for a building permit, as well as to
the owner of the real property upon which improvements are to be constructed.
The Mechanics Lien Law (Chapter 713, Part I, Florida Statutes) provides a method by which a
contractor, subcontractor, laborer, building material supplier, architect, landscape
architect, interior designer, engineer, or land surveyor may claim a lien on real property on
which they have done work or to which they have furnished materials. If the lien is not satisfied,
your property may be sold to pay the lien.
WHAT IS IT?
A "lien" is a charge or encumbrance on real property (land that is improved and
the improvements thereon, including fixtures) which must be satisfied by the
property owner to ensure clear title.
"Attachment" means that if a court finds a claim of lien valid, the owners' property
may be seized and sold to satisfy the lien if it is not voluntarily paid.
A "Notice of Commencement" is a notice which is filed with the Clerk of the Circuit
Court in the county where the work will be performed. The notice should not be
recorded before the construction or development mortgage is recorded, but must be
recorded before actual construction begins. It contains detailed information on
the property owner, financing arrangements, and other specifics regarding the
constuction project. If a performance bond is to be posted, a copy of the bond must
be attached to the "Notice of Commencement ".
THE OWNERS' RESPONSIBILITY
Before any construction begins, and after the construction mortgage has been recorded, the owner
should take the following steps:
1. At the time application is made for a building permit, a "Notice of Commence-
ment" form may be obtained from an office supply store.
2. Complete the "Notice of Commencement" form with the required information and retain
a certified copy.
3. After the building permit is issued, record the "Notice of Commencement" with the Clerk
of the Circuit Court in the county where the work will be performed. If a perform-
ance bond is to be posted, a copy of the bond must be attached at the time of, or
prior to, recordation of the "Notice of Commencement."
4. Post the certified copy of the "Notice of Commencement" at the job site. There is
no requirement to post a copy of the bond at the construction site.
An owner's failure to comply with these requirements could affect title to your property.