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Can I file a lien in Florida if a preliminary notice was not sent?

Can I file a lien in Florida if a preliminary notice was not sent? What is our work around if a preliminary notice was not sent and we want to file a lien now?

2 replies

Mar 5, 2021

Florida's preliminary notice requirements are fairly strict. A Notice to Owner is required from all project participants who didn't contract directly with the property owner witihn 45 days of first furnsihing labor and/or materials. Failure to serve this notice, or to timely serve this notice, is fatal to lien rights.

If you can't file a lien, there are other options for recovery against your hiring party such as claims for breach of contract, unjust enrichment, or claims under the Florida Prompt Payment laws. This article breaks down these options in more detail:

Can't File a Lien: Here are some other options for recovery

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Mar 8, 2021

If you are still within 45 days of first date of work, then you need to serve your Notice to Owner by Cert. Mail RRR or if you only have a day or two left before expiry of the 45 days then serve by hand delivery or overnight carrier (with proof of delivery). If you miss the 45 day deadline for serving a NTO and are a sub or supplier without a contract with the owner, there is no workaround. You would have lost your lien rights and there is no getting them back for work under that contract.

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