Can i file for supplying a walk-in cooler/freezer to a customer. The end user hired someone to do the installation. we just supplied it
1 reply
Dec 5, 2019
Those who supply labor or materials that permanently improve the project property will generally be entitled to file mechanics lien claims. Further, the Florida mechanics lien statute explicitly states that furnishing appliances that are permanently affixed to the property will count as "improving" the property, thereby giving rise to mechanics lien rights.
So, a company hired to furnish an appliance that will be permanently affixed to the property will generally be entitled to lien. And, to be sure, a walk-in freezer would seemingly be one of the more permanent appliances out there.
Recovery options before pursuing a Florida mechanics lien claim
Of course, keep in mind that there are a number of tools that can help with payment recovery before a mechanics lien becomes necessary. Mechanics liens are generally considered the nuclear option, and taking additional steps first might help to avoid a major dispute.
Invoice reminders
Sending something as simple as an invoice reminder can be enough to get paid. Invoice reminders act as a little nudge in the right direction, reminding a customer that payment is due and owing. For more on invoice reminders, here's a great resource: How Invoice Reminders Help Contractors Get Paid Faster.
Demand letters
Escalating the matter a bit with a document like a payment demand letter may do the trick, too. A demand letter will let recipients know that you're serious about getting paid and willing to take whatever steps may be necessary to obtain that payment.
Notice of Intent to Lien
Finally, because a mechanics lien is such a powerful tool, the mere warning or threat of a lien claim will often be enough to force payment, all by itself. Sending a Notice of Intent to Lienacts as a warning shot before a lien filing, and the notice can be an invaluable tool for getting paid. More on that here: What Is a Notice of Intent to Lien and Should You Send One?