STEPHEN B. GEBELOFF, P.A.

A DEBT COLLECTION LAW FIRM



Your Subtitle text
 FLORIDA COLLECTION ATTORNEYS TO MEET THE NEEDS OF THE FLORIDA CONSTRUCTION INDUSTRY AND ITS COLLECTION NEEDS

Our Florida Collection Attorneys Understand Florida Lien Law

Our Florida Collection Attorneys understand that our Florida contractor, subcontractor, design professional, engineer or construction material supplier, has invested a great deal of time and material in their Florida Construction projects.  Collecting money may be essential to some construction companies just to stay afloat. Our collection attorneys believe it is essential that your firm or construction company understand the collection process, complexity of Florida Lien Law, Florida lien rights and how by properly understanding and utilizing Florida Lien Law will make it easier to effectuate collection of your money.

Why Use a Florida Construction Attorney to File Florida Construction Liens

Under Florida Lien Law if proper notices are not served on the owner or a Lien is not filed and served in a timely manner the contractor or construction material supplier will lose their Florida lien rights. Once a Florida construction lien is filed against the property of the owner, a lawsuit to foreclose on the Florida construction lien must be commenced within one year. Again failure to file the lawsuit to foreclose a Florida construction lien timely will result in the contractor, sub contractor, design professional, engineer or construction material supplier the ability to enforce the lien under Florida law as thus making it harder to effectuate collection of your money.

Our Florida Collection Law Firm and Our Collection Attorneys Collect for the Florida Construction Industry

When a Florida construction lien is placed on a property it is another tool available to a contractor to secure payment for construction related services or construction materials furnished to a job site. However, a contractor, sub contractor, design professional, engineer or construction material supplier  should be mindful that in the unfortunate situation in which a  Florida lien has not been filed and the construction lien is time barred, does not necessarily mean that collection of money due  to the contractor, sub contractor, design professional, engineer or construction material supplier is lost. Our collection attorneys will advise our construction industry clients about other legal remedies available under Florida law to effectuate collection in Florida including equitable liens, contact and quasi contract actions.

 

Consult With Our Florida Collection Attorneys or Florida Construction Attorneys

Our  Florida Construction Law Firm and  our construction attorneys are available at any time during the construction project  from  initial design, permitting ,  land planning, commencement of construction, providing construction material  and  or completion of the Florida construction project to discuss Florida lien law , collection strategies or general Florida Construction law issues . We look forward to being able to serve all our Florida Construction Industry clients needs and meet their individual goals.

COLLECTION ATTORNEY PLACEMENT FORM

Fill out the form below to have one of our Collection Attorneys contact you directly.

First Name:
Last Name:
Company:
Address Street :
City:
Zip Code: (5 digits)
State:
 Phone:
Email:
Owner name
Contractor name:
Last Date services furnished:
Project name:
Collection Amount
Due $$:
Collection information for
our Collection Attorney:


Contact us to have a  Florida Collection Attorney contact you to discuss Florida ConstructionCollections

 (561) 953-4600 Delray Beach, Florida

 mailto:steve@gebelofflaw.com

Call us to discuss your Florida  Construction Law and Collection matters with Stephen Gebeloff, Esq. a South Florida Collection  and Construction Attorney. Mr. Gebeloff will tailor a  Construction Collection Strategy that is just right for you. If you have construction  collection matters in other jurisdictions, Mr. Gebeloff will be able to assist you in helping you choose the proper  construction collection professional for your collection accounts outside of Florida.

Mr. Gebeloff is an experienced litigator whose primary areas of practice are commercial law, creditors’ rights and construction law. He has represented clients from the banking, insurance, advertising, manufacturing, transportation, leasing, telecommunications and service industries. He has extensive experience prosecuting officers, directors and members of entities for fraudulent transfers of assets. He has represented developers, property owners, contractors, subcontractors, material suppliers and design professionals in all facets of construction law.

Our collection law firm is state-wide and national. We conduct collection campaigns from the initial demand letter through enforcement of judgments.  We offer contingency collection and hourly fee schedules to suit your collection department’s specific needs.  Debtors can be contacted throughout the USA by way of our established network of collection attorneys.




Weiner, Aronson & Mankoff, PA provides collection attorney services for these Florida Cities:

 Alachua Altamonte Springs Apalachicola Apopka Arcadia Atlantic Beach Auburndale Avon Park


Bartow Belle Glade Belleview Beverly Hills Big Pine Key Blountstown Boca Raton Bonifay Bonita Springs Boynton Beach Bradenton Brandon Brooksville Bunnell Bushnell


Callahan Cantonment Cape Canaveral Cape Coral Casselberry Chiefland Chipley Clearwater Clermont Clewiston Cocoa Cocoa Beach Crawfordville Crestview Crystal River


Dade City Dania Daytona Beach Debary Deerfield Beach Defuniak Springs Deland Delray Beach Deltona Destin Dunedin Dunnellon


Eastpoint Edgewater Eglin AFB Englewood Estero Eustis


Fernandina Beach Flagler Beach Fort Lauderdale Fort Myers Fort Myers Beach Fort Pierce Fort Walton Beach


Gainesville Green Cove Springs Groveland Gulf Breeze


Haines City Hallandale Havana Hernando Hialeah High Springs Hobe Sound Holiday Hollywood Homestead Homosassa Hudson


Immokalee Indialantic Indiantown Inverness Islamorada


Jacksonville Jacksonville Beach Jensen Beach Jupiter


Key Biscayne Key Largo Key West Keystone Heights Kissimmee


Labelle Lady Lake Lake City Lake Mary Lake Placid Lake Wales Lake Worth Lakeland Land O Lakes Largo Lecanto Leesburg Lehigh Acres Live Oak Longboat Key Longwood Loxahatchee Lutz Lynn Haven


MacClenny Madison Maitland Marathon Marco Island Marianna Mary Esther Melbourne Merritt Island Miami Miami Beach Middleburg Milton Monticello Mount Dora Mulberry


Naples Navarre New Port Richey New Smyrna Beach Newberry Niceville North Fort Myers North Miami Beach North Palm Beach North Port


Ocala Ocoee Okeechobee Oldsmar Opa Locka Orange City Orange Park Orlando Ormond Beach Oviedo


Palatka Palm Bay Palm Beach Palm City Palm Coast Palm Harbor Palmetto Panama City Panama City Beach Pensacola Perry Pinellas Park Plant City Pompano Beach Ponte Vedra Beach Port Charlotte Port Richey Port Saint Joe Port Saint Lucie Punta Gorda


Quincy


Riverview Rockledge Ruskin


Safety Harbor Saint Augustine Saint Cloud Saint Petersburg Sanford Sanibel Santa Rosa Beach Sarasota Satellite Beach Sebastian Sebring Seminole Shalimar Spring Hill Starke Stuart Summerfield Summerland Key


Tallahassee Tampa Tarpon Springs Tavares Tavernier Titusville Trenton


Umatilla


Valparaiso Valrico Venice Vero Beach


Wauchula West Palm Beach Weston Wildwood Williston Windermere Winter Garden Winter Haven Winter Park Winter Springs


Yulee


Zephyrhills

CHAPTER 713 is the Florida Construction Lien Law Statute. Contact our Florida Construction Law Firm to help you protect your Florida Lien Law Rights

Below is the Definition Section of the Florida Lien Law Statute:

LIENS, GENERALLY

713.001  Short title of part.—This part may be cited as the “Construction Lien Law.”

713.01  Definitions.—As used in this part, the term:

(1)  “Abandoned property” means all tangible personal property that has been disposed of on public property in a wrecked, inoperative, or partially dismantled condition.

(2)  “Architect” means a person or firm that is authorized to practice architecture pursuant to chapter 481 or a general contractor who provides architectural services under a design-build contract authorized by s. 481.229(3).

(3)  “Claim of lien” means the claim recorded as provided in s. 713.08.

(4)  “Clerk's office” means the office of the clerk of the circuit court of the county in which the real property is located.

(5)  “Commencement of the improvement” means the time of filing for record of the notice of commencement provided in s. 713.13.

(6)  “Contract” means an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders.

(7)  “Contract price” means the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract and must be increased or diminished by the price of extras or change orders, or by any amounts attributable to changes in the scope of the work or defects in workmanship or materials or any other breaches of the contract; but no penalty or liquidated damages between the owner and a contractor diminishes the contract price as to any other lienor. If no price is agreed upon by the contracting parties, this term means the value of all labor, services, or materials covered by their contract, with any increases and diminutions, as provided in this subsection. Allowance items are a part of the contract when accepted by the owner.

(8)  “Contractor” means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract. The term “contractor” includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by s. 489.103(16).

(9)  “Direct contract” means a contract between the owner and any other person.

(10)  “Engineer” means a person or firm that is authorized to practice engineering pursuant to chapter 471 or a general contractor who provides engineering services under a design-build contract authorized by s. 471.003(2)(i).

(11)  “Extras or change orders” means labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties.

(12)  “Final furnishing” means the last date that the lienor furnishes labor, services, or materials. Such date may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of final completion, and does not include correction of deficiencies in the lienor's previously performed work or materials supplied. With respect to rental equipment, the term means the date that the rental equipment was last on the job site and available for use.

(13)  “Furnish materials” means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in the improvement, not including any design work, submittals, or the like preliminary to actual fabrication of the materials; or supply materials used for the construction and not remaining in the improvement, subject to diminution by the salvage value of such materials; and includes supplying rental equipment, but does not include supplying handtools. The delivery of materials to the site of the improvement is prima facie evidence of incorporation of such materials in the improvement. The delivery of rental equipment to the site of the improvement is prima facie evidence of the period of the actual use of the rental equipment from the delivery through the time the equipment is last available for use at the site, or 2 business days after the lessor of the rental equipment receives a written notice from the owner or the lessee of the rental equipment to pick up the equipment, whichever occurs first.

(14)  “Improve” means build, erect, place, make, alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including the furnishing of carpet or rugs or appliances that are permanently affixed to the real property and final construction cleanup to prepare a structure for occupancy; or perform any labor or services or furnish any materials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus or provide any solid-waste collection or disposal on the site of the improvement.

(15)  “Improvement” means any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit.

(16)  “Laborer” means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.

(17)  “Lender” means any person who loans money to an owner for construction of an improvement to real property, who secures that loan by recording a mortgage on the real property, and who periodically disburses portions of the proceeds of that loan for the payment of the improvement.

(18)  “Lienor” means a person who is:

(a)  A contractor;

(b)  A subcontractor;

(c)  A sub-subcontractor;

(d)  A laborer;

(e)  A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or

(f)  A professional lienor under s. 713.03;

and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part.

(19)  “Lienor giving notice” means any lienor, except a contractor, who has duly and timely served a notice to the owner and, if required, to the contractor and subcontractor, as provided in s. 713.06(2).

(20)  “Materialman” means any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.

(21)  “Notice by lienor” means the notice to owner served as provided in s. 713.06(2).

(22)  “Notice of commencement” means the notice recorded as provided in s. 713.13.

(23)  “Owner” means a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. The term includes a condominium association pursuant to chapter 718 as to improvements made to association property or common elements. The term does not include any political subdivision, agency, or department of the state, a municipality, or other governmental entity.

(24)  “Perform” or “furnish” when used in connection with the words “labor” or “services” or “materials” means performance or furnishing by the lienor or by another for him or her.

(25)  “Post” or “posting” means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather.

(26)  “Real property” means the land that is improved and the improvements thereon, including fixtures, except any such property owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision.

(27)  “Site of the improvement” means the real property which is being improved and on which labor or services are performed or materials furnished in furtherance of the operations of improving such real property. In cases of removal, without demolition and under contract, of an improvement from one lot, parcel, or tract of land to another, this term means the real property to which the improvement is removed.

(28)  “Subcontractor” means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s. 443.101.

(29)  “Sub-subcontractor” means a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s. 443.101.

 


DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisement. Before, you decide, please ask us to send you free written information about our qualifications and experience.

Should you choose to engage this firm to represent you or your company in any matter, we will forward to your attention a claim authorization/retainer agreement allowing this firm to represent your interests in any matter and explaining all terms and conditions of the representation. Before we can proceed with any claim on your behalf, we must receive the claim authorization form mentioned above and you may be required to forward to us, any additional paperwork or information necessary to effectuate your claim. The Rules Regulating The Florida Bar [4-1.5(f)(2)] require that contingent fee agreement must be signed