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Can a subcontractor file lien against a contractor if I never sent a preliminary notice?

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I am a subcontractor who has completed multiple jobs for gc and have not been paid. I purchased all materials as well. I did not know that a subcontractor needed to send preliminary notice, I thought that was between the contractor and home owner. I sent invoices to contractor almost 2 months ago once jobs were complete. I have reached out many times by email and phone calls, he said he was working on it and has been very busy. Has made every excuse but still hasn’t paid. Now today, he said he is holding payments for all jobs because on one of them was incomplete and he had to hire someone to do it & once he deducts the amount, he will get back to me. I have detailed & dated before and after pictures of all jobs and this is not true. Everything was done exactly as scope stated. Contractor has been paid for these jobs and has not paid my company for labor and materials. I Have all original job scope agreements sent to me by contractor and all receipts for materials I purchased. Do I have any rights to file a lien or any other legal rights to be paid? I would have done this earlier had I known that he was never intending to pay and just stringing me along so the timeframes would pass. Per his company policy/ contract, Invoices will be paid within 15 days of work completion. - All completed work will be walked within 5 business days, any work requiring inspections must be inspected and passed before payment is issued. - If any corrections are needed for completed work the invoice will be included in the next following check run once all corrections have been made. Today is the first time we have heard anything about anything being incomplete. Home owner paid contractor upon completion. He is just trying to get out of paying me and my guys.

2 replies

Feb 17, 2022
If you did not deliver a "Notice to Owner" within 45 days of starting work you have no lien rights. You should consult with a lawyer about bringing legal action against the contractor to collect the debt.
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Feb 17, 2022
Thank you, he makes his subcontractors sign a contract with a no lien clause which stopped us from sending nto which is illegal in Florida.
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