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Can I file a lein

FloridaMechanics Lien

Have a contract with a client who is becoming an issue ( all of the sudden right before the last bill is coming) My contract is with him directly. His home is in LLC name. He is the registered agent on the LLC. Can I file a lien?

2 replies

Feb 26, 2021

Mechanics liens attach to the property itself, rather than a an individual (or LLC in this case). The fact that an LLC is the owner of the property, does not alter a claimant's lien rights. Particularly in Florida as there aren't any specific notice requirements for direct contractors; unless requested. Or any "owner-occupied" hurdles that need to be overcome. If you do need to file a claim, be sure to list the both the proper legal business name as the owner, and list the individual as the registered agent of the LLC as the hiring party. 

Keep in mind that the deadline to file a claim in Florida is 90 days from the last date of furnishing labor and/or materials to the project. However, there is one more optional step you can take before filing your claim, you can send a Notice of Intent to Lien. Consider it a final warning letter that if you aren't paid within x amount of days, you are ready and willing to file a lien against the property. This will get their attention. If not, you may want to prepare for the posisbility of filing a claim.

Here are some additional resources you may find helpful:

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