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Can an NTO be filed on a construction jobsite for road work -Flaggers?

FloridaNotice of Intent to Lien

Currently have a construction jobsite who is using employee as a road work -Flaggers, wanted to see if an NTO can be file on jobsite?

1 reply

Sep 3, 2021

That's actually a great question - I've never seen this come up before. I would send the NTO in. Why not? There is no penalty in the lien law for sending an NTO, even if it is late or you have no lien rights. But I would bet that a court would find that road work flaggers are working as part of the team of workers who are performing the improvement, such that these would be lienable services. (Though, for road work, there is likely a bond in place because you cannot lien public property.)

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