We are a custom product manufacturer and provided product to a county school board in Florida through a direct purchase order. Even though the county is to pay for the product, a subcontractor provided all of the projects final sizes and information and installed the product. There is also a GC involved. Are we able to file a lien against the school board? They are withholding payment due to an issue that all parties bear some responsibility. The invoice is dated 9/27/21. If we are able to file a lien, when do we need to have the information to you?
Possibly, but you need to consult with an attorney. There are a few different issues that need to be resolved in order for you to know if you have a lien right.
First, did you serve a notice to owner/contractor?
Second, how custom are your products? Can they be used for another project or just for this one? This will impact whether your NTO (assuming you sent one) was timely.
Third, is there a bond on the project? This also impacts whether you can record a lien.
You should consult with an attorney on these issues to determine if you have the ability to record a lien.