Can a property manager file a lien

4 months ago

I did work in Florida as a property manager. I gave the client a contract but it was never signed. We continued with a verbal contract. The client made numerous demands for extra work with a promise to pay at the end. He failed to pay. and sign off his punch list . The job is complete. Months of communication result in him offering a lesser amount than owed. He wants a ROL I have a Florida ROL notorized with check information. I am now in CA he wants me to give him the ROL and send me a check. There is no trust here and I believe I should receive the check before I give the original ROL

Therefore if this does not transpire:
1. Can I file a lien for the full amount I am owed
2.Will a lien enforce that I at least get a portion if not all the monies he owes me

Senior Legal Associate Levelset
174 reviews

Florida mechanics lien rights are generally available to those who have performed construction-related work which has permanently improved the project property. So, if work was done which permanently improved the property – then lien rights may well be available. However, if the work done didn’t actually improve the property, like mere managerial work (unrelated to construction) or maintenance work, then mechanics lien rights would likely not be available. Though, construction managers may be entitled to lien.

Do Florida mechanics liens force full payment?

Moving on to the second part of the question: Mechanics liens will generally force an owner to pay what they owe – otherwise, the lien claimant does not have to remove their lien, and they may even move to foreclose the property. So, ultimately, it’s up to the parties of the lien dispute to resolve what, exactly, will be paid.

Often, once a lien is filed, payment discussions will start and the parties will reach some form of negotiation or settlement – which may result in full payment, or may result in something less. But, as mentioned above, an owner can’t simply force a lien claimant to take less than what they’re owed. Rather, if the claimant is dead-set on obtaining every penny they’re owed, the claimant can hold out and move to enforce their lien claim if the offer of payment is insufficient.

Note, though, that there are strict deadlines associated with Florida mechanics liens, as well as other requirements that must be followed. For more information on that front: Florida Mechanics Lien Guide and FAQs.

For further discussion on how mechanics liens lead to payment: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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