Paul Washington is a construction attorney who works in Coral Gables, FL. Paul has 12 years of experience with a license to practice in Florida. Paul attended Florida State University, graduating in 2008. More...
Based on the information you’ve provided, and assuming there is nothing else that contradicts the contractor’s agreement to accept only the amount paid by your insurance company, then they do not have a valid lien. There may also be other problems with the lien, such as timing, but I would need more information to make that determination. You may want to consider recording a notice of contest of lien to force the contractor’s hand. See More...
Material suppliers to contractors and subcontractors have lien rights in Florida, provided they timely serve Notices to Owner. However, your situation sounds like you are a supplier to a supplier, which likely means you would not have lien rights. You should consult with a lawyer as there may be more details to your situation that could impact this analysis.See More...See More...
Did you serve a Notice to Owner within 45 days of starting your work? If you did, and you are still within 90 days of your last date of work, you can still record a lien. See More...
You have one year to file a lawsuit to foreclose a properly recorded lien, so if you recorded in November 2020, you still have plenty of time before the lien expires. Did you mail or otherwise deliver a copy of the lien to the Owner? If not, then that would be the next step, as you are required to serve a copy of the lien on the Owner before you can file a lawsuit.See More...
If you contracted with the Owner, with her son as the Owner's agent acting on her behalf, then you did not need to serve a Notice to Owner. Are you listed on the Notice of Commencement as the contractor? If so, this would be helpful to establish that you did not need to serve a Notice to Owner. As to the lien question, if the property is in Florida, you have to record your lien in the Florida county where the property is located (Monroe in this instance). FloSee More...See More...