The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

Doing work for a tenant in a retail space, office, or strip mall? Your standard lien rights might not be what you think they are. In this concise and crucial episode, board-certified construction attorney Alex Barthet reveals why liens for tenant improvements can often be surprisingly weak, sometimes even worthless against the actual property. Alex breaks down how landlords legally protect their assets, what foreclosing on a “leasehold interest” really means (it’s probably not what you’re hoping for!), and most importantly, shares actionable strategies you can use before and during the job to protect your right to payment. Learn how to spot red flags, understand your limited security, and employ statutory tools to potentially gain leverage. Highlights in this episode: * The Core Problem: Why your lien typically only attaches to the tenant’s interest, not the landlord’s valuable property. * Landlord’s Protective Shield: How “no-lien” lease clauses and public recordings are used by landlords to prevent liens on their property. * Leasehold Lien Realities: What it means to foreclose on a lease, the risk of tenant eviction, and when such a lien might hold some value. * Pre-Contract Due Diligence: Essential steps to identify the true property owner and assess your risk before you start work. * Strategic Protections: How to mitigate “pay-when-paid” risks and use the statutory “Demand for Copy of Lease” to potentially strengthen your position against the landlord. * Key Takeaways & Resources: A quick recap of critical points and an introduction to tools like the Lien-o-matic to help navigate these tricky situations.

In this episode, board-certified construction attorney Alex Barthet breaks down everything contractors and subcontractors need to know about lien waivers and releases. Alex clarifies why the right (or wrong) wording in these documents can drastically affect your rights to payment. You’ll learn exactly which release forms you should use, how to handle conditional releases, and smart strategies to protect unpaid change orders and claims—so you can confidently get paid without inadvertently giving away critical legal protections. Highlights in this episode: * Choosing the Right Release: Learn which waiver and release forms you should sign (or avoid) depending on your position in the payment chain. * Conditional Releases: Discover how to make your releases conditional upon payment and protect yourself if a check never arrives or bounces. * Through Dates & Payment Mismatch: How to handle releases when payment amounts don’t match your billed amount, and why your “through date” is crucial. * Protecting Change Orders: Essential language to exclude unpaid or unapproved change orders and delay claims from your monthly releases. * The “$10” Release Trap: Why many releases list “$10” and how this seemingly small detail can significantly impact your payment rights.

In this episode, board-certified construction attorney Alex Barthet walks you through the foundational principles of Florida’s lien and bond law system. If you’ve ever asked when to record a lien, how to protect your right to payment, or what the difference is between a lien and a payment bond claim, this is the episode for you. Alex breaks down who has lien rights, the critical deadlines involved, how specially fabricated goods are treated, and what to do when working on bonded projects—whether private or public. This practical guide will help contractors, subcontractors, and suppliers avoid costly mistakes and preserve their legal rights to payment. Highlights in this episode: * Lien Law Essentials: Who has lien rights in Florida, what counts as last work, and how to properly serve notice and record a lien to preserve payment rights. * Common Pitfalls to Avoid: Why sending a bill isn’t last work, how re-recording a lien can backfire, and when warranty work doesn’t extend deadlines. * Specially Fabricated Goods: How lien rights are preserved even when custom materials are never delivered to the job site. * Payment Bond Claims: Step-by-step instructions for protecting your right to payment on bonded projects, including how exceptions may extend your deadline. * Real-World Case Example: How one contractor won a six-figure bond claim despite missing early deadlines—thanks to a recording oversight by the bonded contractor.

In this episode, board-certified construction attorney Alex Barthet provides three critical steps construction professionals must take immediately to protect themselves from tariff-related risks. Learn how to quickly review existing contracts for hidden opportunities, submit timely claims for equitable adjustments, and future-proof new agreements with essential tariff-specific clauses. With clear examples and sample language, you’ll leave ready to implement these practical strategies today and ensure your bottom line stays protected. Highlights in this episode: * Contract Review Essentials: Quickly identify key clauses—like force majeure or changes-in-law provisions—that help you claim tariff adjustments. * Prompt Claim Submission: How to properly notify clients of tariff impacts, with a ready-to-use sample notice letter. * Future Contract Protection: Essential tariff-related contract language you need to include to avoid costly surprises later. * Release Language Safeguards: Practical tips for monthly payment releases, ensuring you never accidentally waive your tariff claims.

Navigating the complexities of Florida’s lien laws has never been more crucial, especially with the 2023 updates coming into play. In our latest episode of The Lien Zone Podcast, we delve deep into the nuances of Private Project Notices of Nonpayment (713.23), emphasizing the importance of serving the Notice of Nonpayment to both the contractor and the surety. But that’s not all. We also shine a light on the pivotal changes around Lien Transfer Bonds (713.24). With a significant rise in the bond value calculations and new obligations for the clerk’s office, understanding these shifts is essential for anyone in the construction sector. About Alex Barthet Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com [https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.thelienzone.com%2F&data=04%7C01%7Calex%40barthet.com%7Cc4d1abfcebf148ad231508d9ff8628f7%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C637821773959628876%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=y%2FM%2FmTb%2BdNXvLYZ81kxG7ZRn2M5Z%2FVyGelyiwJIy2%2Bw%3D&reserved=0]. He can be reached at 305-347-5295 or alex@barthet.com [alex@barthet.com].