These Terms and Conditions ("Terms") govern your use of the Florida Construction Liens .com Filing Service (the "Service") provided by Rashkin Law PLLC ("Company," "we," "our," or "us"). By using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
Description of Service:
The Service provided by Rashkin Law PLLC is a limited-scope, flat-fee document preparation service. Based solely upon the information provided by the user through the Service's intake forms and any additional information specifically requested by the Company, the Company will prepare the requested Florida construction claim of lien, notice of nonpayment, or other document offered through the Service. Where applicable, the Service also includes submission for recording and service of the prepared document, as expressly described herein. Payment of the applicable flat fee is required before any services commence.
The Service is expressly limited to reviewing the information provided by the user for purposes of preparing the requested document. The Service does not include independent investigation or verification of the information supplied, review or interpretation of construction contracts, subcontracts, change orders, invoices, payment records, correspondence, or other project documentation, or any independent legal analysis of the user's contractual rights, claims, defenses, or entitlement to relief. The Company is not engaged to investigate the underlying construction project, determine the merits of any dispute, or evaluate whether the user has satisfied all legal or contractual prerequisites to asserting the requested claim.
Any services involving substantive legal analysis, contract interpretation, document review beyond the limited intake information, evaluation of disputed facts, or legal advice concerning the user's rights and remedies require a separate written engagement with Rashkin Law PLLC and payment of any applicable additional fees.
The user acknowledges that preparation of a claim of lien, notice of nonpayment, or other document through the Service does not constitute a determination or legal opinion by the Company that the user possesses valid or enforceable lien, bond, or other legal rights, that all statutory or contractual prerequisites have been satisfied, or that the document will be legally sufficient or enforceable under the particular circumstances of the user's project. The Company may rely upon the user's representations concerning the nature of the work performed, amounts owed, dates of furnishing labor or materials, contractual relationships, service of required notices, and other relevant facts without independently verifying those representations. The Company reserves the right to decline any requested service if the information provided is insufficient, inconsistent, or otherwise raises concerns requiring legal analysis beyond the scope of the Service.
The Company provides document preparation and submission services for construction claims of lien as requested by users. While the Company endeavors to submit documents for recording in the county records promptly, the Company does not control, and is not responsible for, the processing times, recording practices, or administrative delays of any Clerk of the Court or County Recorder's Office in the State of Florida. You acknowledge and agree that the Company makes no guarantee that a claim of lien will be recorded by the Clerk before any statutory deadline, including but not limited to the 90-day deadline set forth in Chapter 713, Florida Statutes. The Company's responsibility is limited to the accurate preparation and timely submission of the claim of lien based on the information provided by you, the user. The Company shall not be liable for any loss, claim, or damages arising from delays, errors, rejections, or failures by the Clerk of the Court to record a claim of lien within any statutory period or at all. You are solely responsible for ensuring that your lien rights are preserved and for verifying that the claim of lien has been properly recorded and indexed by the applicable Clerk's Office.
We aim to have each claim of lien prepared for you to sign as soon as possible, but processing time may vary. We provide rush service for claims of lien that require faster service for an additional charge. If, at our sole discretion, a claim of lien of notice of nonpayment requires rush service (e.g., in order to meet a legal deadline), you will be required to pay for rush service in order to engage with the Service. The Service does not include substantive review of contracts, subcontracts, correspondence, invoices, payment records, or other project documents; investigation of disputed facts; independent verification of the user's representations; or legal analysis beyond that reasonably necessary to prepare the requested document within the expressly agreed limited scope. Any such additional work requires a separate written engagement and payment of additional fees. If you would like to engage us to represent you beyond these limited activities, you will need to enter into a more formal agreement for such further services and deposit a retainer for any additional work.
The flat fee charged for the Service is earned in full upon the Company's initial preparation of the requested construction claim of lien, notice of nonpayment, demand letter, or other applicable document, based upon the information provided by the user. For purposes of earning the flat fee, the Service shall be deemed performed upon completion of the initial draft of the requested document, regardless of whether the document has been delivered to the user, reviewed or approved by the user, revised, executed, notarized, served, submitted for recording, or actually recorded. Any subsequent revisions, corrections, recording, service, or other administrative actions expressly included within the purchased Service shall not constitute conditions precedent to the Company's earning of the flat fee. The Company's obligation to perform any remaining services expressly included within the purchased Service shall continue notwithstanding that the flat fee has been earned, subject to these Terms and applicable law.
The Company reserves the right, in its sole discretion, to decline to submit a claim of lien to the Clerk of the Court for recording if the Company determines that it is not reasonably possible to have the claim of lien recorded within the applicable statutory deadline, or if the Company otherwise determines that submission for recording is inadvisable or inappropriate based upon the information provided by the user or the timing of the request. If the Company declines to submit the claim of lien for recording after preparing the initial draft, the flat fee shall remain earned, subject to applicable law and the Company's professional obligations.
User Responsibilities: You are solely responsible for providing accurate, complete, and truthful information necessary for preparation of the requested document, including all relevant dates, amounts, parties, property information, contractual relationships, and other facts requested through the Service. You acknowledge that the Company will rely upon the information you provide without independently investigating or verifying its accuracy or completeness.
You are responsible for reviewing your own contracts, subcontracts, invoices, payment records, correspondence, and other project documentation to determine the accuracy of the information submitted to the Company. The Company is not responsible for identifying inconsistencies, omissions, or discrepancies between the information you provide and any underlying documents that the Company has not expressly agreed in writing to review.
You are further responsible for promptly reviewing any document prepared by the Company, confirming the accuracy of all factual information contained therein, and timely providing any required signatures, notarizations, approvals, or additional information requested by the Company. The Company shall not be responsible for errors, omissions, delays, or adverse consequences resulting from inaccurate or incomplete information provided by you, or from your failure to timely respond to requests for information or approval, except to the extent otherwise required by applicable law.
Limited Scope of Legal Services: The Service constitutes a limited-scope engagement with Rashkin Law PLLC solely for the preparation of the specific document requested and any associated recording or service expressly included in the purchased Service. The Company does not undertake to provide general legal representation, comprehensive legal advice, contract review, litigation services, collection services, or ongoing monitoring of the user's legal rights or deadlines.
Information published on the website is provided for general informational purposes and does not constitute legal advice concerning any particular matter. Any legal services or advice beyond the expressly defined scope of the Service require a separate written engagement agreement with Rashkin Law PLLC. No ongoing attorney-client relationship or obligation to provide additional legal services is created by completion of the limited-scope Service.
Fees and Payments: Payment of the applicable flat fee is required in advance of commencement of the Service. The flat fee is earned in full upon the Company's initial preparation of the requested document based upon the information supplied by the user, as more specifically provided in Section 1 above. The earning of the flat fee is not contingent upon delivery, review, approval, revision, execution, notarization, service, submission for recording, or actual recording of the document. Once earned, the flat fee is non-refundable, except as otherwise required by applicable law or the Rules Regulating The Florida Bar. Any services beyond the expressly agreed scope of the Service may require a separate engagement and additional fees.
Confidentiality:
The information you provide to the Company will be kept confidential. However, the Company may be required to disclose information in response to a court order or other legal requirement.
Limitation of Liability:
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Modification of Terms:
The Company reserves the right to modify these Terms at any time. Any changes to the Terms will be posted on the Company's website. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the revised Terms.
Choice of Law, Jurisdiction, Venue:
These Terms and the rights and obligations of the parties under it are governed by and will be interpreted in accordance with the laws of the State of Florida, without application of its principals regarding choice of law that would result in the application of the law of another jurisdiction. All parties to this Agreement hereby consent to the exclusive personal jurisdiction and venue of the courts, state and federal, having jurisdiction in Hillsborough County, Florida.
Contact Information:
If you have any questions about these Terms or the Service, please contact us at support@floridaconstructionliens.com.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.