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Can a contractor file a lien before the agreed upon final payment date, in this case the completion of the project?

Florida

The contractor is threatening to file a lien, even though we agreed that the last payment will be made after the project is completed. At this point there are several outstanding items that still need to be addressed and the project is not fully functional.

1 reply

Jun 24, 2020

Generally, yes. Liens must be filed in compliance with Florida Statute 713.05, 713.06, and 713.08. Those statutes give the contractor a finite window within which to file a lien. So if the contractor is not longer performing work at the property, even if he agreed to be paid later, the contractor may still have to file a lien before then in order to secure his/her lien rights.

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