WHAT DO YOU MEAN MY LIEN IS NO GOOD?!

Jason B. Goldman • October 13, 2015
WHAT DO YOU MEAN MY LIEN IS NO GOOD?!

Construction Law Punta Gorda and all of Charlotte County.  As a litigator for construction law Punta Gorda and all of Charlotte County, one of the worst parts of my job is telling a client their lien is unenforceable. In order to have a valid lien on a construction project, there are very important requirements which must first be fulfilled. If you are a Contractor or Subcontractor and you fail to meet just one requirement, you could end up performing work amounting to hundreds of thousands of dollars without having a valid lien to guarantee your payment. Perfecting a valid lien is your best guarantee on any construction project, so protect yourself – be sure to follow each step of the lien law in order to preserve your rights, or have an attorney assist you with perfecting your lien rights on each project.

Today I specifically want to discuss the subcontractor’s requirement of providing a Notice to Owner. This is a statutory requirement in Florida’s Lien Law under F.S. 713.06. In short, if you are working on a construction project and you don’t have a direct contract with the owner of that property (instead, you were hired by the General Contractor), you must provide a Notice to Owner to the owner of that property in order to preserve your right to later record a Claim of Lien. This Notice to Owner must be sent within 45 days of the Subcontractor’s first day of work. The form for the Notice to Owner is provided within Florida’s Lien Law statute 713.06, and I strongly recommend that my clients use the statutory form. The most common mistakes made by Subcontractors are sending out the Notice to Owner to someone who is not the actual owner of the property where the work is being performed, or mistakenly believing they have a direct contract with the property owner (when in fact their contract is with a General Contractor), and therefore don’t send a Notice to Owner to the actual property owner. With regard to the second most common mistaken, my advice is simple: ALWAYS send out a Notice to Owner to the actual property owner. Make no exceptions.

With regard to sending out a Notice to Owner to someone other than the owner, believe it or not, this happens regularly. How? A common situation exists when the person you think owns the property actually owns the property through a corporation or partnership. So you might sign a contract with “Johnny Contractor” to provide all the plumbing at Johnny’s new building, but it turns out that new building is actually owned by “Johnny Contractor Corporation of Florida LLC”, of which there are 4 different members and stock holders. If you don’t provide a Notice to Owner to “Johnny Contractor Corporation of Florida LLC”, the actual property owner, within 45 days of your first day of work, you might not be able to record a valid lien on that project at its conclusion if the property owner refuses to pay you for your work. A relatively famous Florida case decided on this exact issue is interesting to read: C.L Whiteside and Associates Construction Co., Inc., v The Landings Joint Venture, 626 So.2d 1051 (Fla 4th DCA 1993). At this point you might think to yourself “but wait a minute, Johnny knows I have been working here because I talk to him every day and all of my work is perfect!”. This likely will not matter under Florida’s Lien Law in regards to construction law Punta Gorda and all of Charlotte County.

Again, please protect yourself when it comes to construction law Punta Gorda and all of Charlotte County! Remember that Florida’s Lien Law exists to make sure Contractors and Subcontractors get paid for their properly done work. However, in order to be able to use Florida’s Lien Law to your advantage, you must always follow its requirements to the letter. Always send out a Notice to Owner on every project to the actual legal owner of the property within 45 days of your first day of work. If you do not want the burden or responsibility of this chore on each job that you perform, an attorney can assist and handle it for you.

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Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666

Back-to-School Safety: Staying Alert in Busy Parking Lots

By Jason B. Goldman • August 13, 2025
As Charlotte County families prepare for the new school year, stores are crowded with parents and children picking up backpacks, notebooks, and other supplies. While the excitement is high, parking lots at big-box stores and shopping centers can become dangerous if drivers and pedestrians aren’t paying attention. Why Parking Lot Safety Matters Parking lots can be high-risk areas, especially during peak back-to-school shopping times. With increased traffic, pedestrians—especially children—can be hard to see, and distractions can lead to accidents. For Drivers: Navigating Parking Lots Safely Slow Down: Keep speeds low and be ready to stop suddenly. Stay Off Devices: Distractions can cause you to miss a pedestrian. Watch for Children: Kids can dart out from between cars without warning. Use Signals: Let others know when you’re turning or backing up. For Parents and Shoppers Hold Hands with Young Children: Keep them close in busy parking areas. Load Carefully: Position carts and children out of moving traffic while loading purchases. Teach Awareness: Remind kids to stop and look before crossing lanes or emerging from between cars. GTS Law Firm: Protecting Families in Charlotte County At GTS Law Firm, we know that even a quick shopping trip can lead to unexpected accidents. If you or your child is injured due to a driver’s negligence in a parking lot, our attorneys are here to help you understand your rights and seek fair compensation. Let’s keep this back-to-school season safe—not just on the roads, but in the parking lots where families gather to prepare for the year ahead. If you’ve been involved in a parking lot incident, contact GTS Law Firm for a consultation.

Back to School Safety: Sharing the Road with Buses and Students in Charlotte County

By Jason B. Goldman • August 13, 2025
As summer winds down and the school year begins, Charlotte County’s roads become busier with school buses, parents dropping off children, and students walking or biking to class. This time of year is a reminder for all drivers to slow down, stay alert, and take extra precautions to protect our community’s youngest members. School Bus Safety School buses are one of the safest modes of transportation for students, but safety depends on drivers following the law: Stop for School Buses: Florida law requires drivers to stop when a school bus has its stop arm extended and red lights flashing, regardless of the direction you’re traveling (unless there’s a divided highway with a barrier). Keep a Safe Distance: Maintain at least 20 feet behind a stopped school bus to give children space to cross safely. Be Patient: School bus stops take time as children may be crossing from multiple directions. Pedestrian and Bicyclist Safety Students walking or biking to school are more vulnerable during early morning and afternoon hours: Watch for Crosswalks: Always yield to pedestrians at crosswalks and school crossings. Slow Down in School Zones: Observe posted speed limits, which are often 15-20 mph in school areas. Avoid Distractions: Keep phones down and focus on the road, especially during pick-up and drop-off times. Tips for Parents and Students Teach Safe Habits: Remind children to look both ways before crossing the street and to use crosswalks. Bike Safety: Ensure children wear helmets and use bike lanes when available. Visibility Counts: Bright clothing or reflective gear can help drivers see students more easily. \ GTS Law Firm: Advocating for a Safer Community At GTS Law Firm, we are committed to helping keep Charlotte County safe—on and off the road. Unfortunately, accidents can still happen despite best efforts. If you or a loved one is injured due to a driver’s negligence, our experienced attorneys are here to protect your rights and seek the compensation you deserve. As we head into the school year, let’s all do our part to share the road responsibly and make this season a safe one for every student. If you have questions about your rights following a traffic incident, contact GTS Law Firm today for a consultation.