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Can I file a Mechanic Lien

FloridaConstruction ContractLien DeadlinesMechanics LienNotice of Commencement

We are a solar contractor who would be working with our customer to install a Photovoltaic System but the homeowner decided to cancel. We have a signed contract that stipulates if she cancels after our cancellation deadline, she would be charged a cancellation fee. We also have a signed Notice of Commencement that has been notarized but not yet submitted to the Clerk of Courts for recording. As a company are we within our rights to purse a mechanic lien?

4 replies

Apr 13, 2022
Has anything been specially fabricated for this property? If yes, please describe.
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Apr 14, 2022

Nothing has been installed on to the property. The concern now is that the homeowner is in breach of contract by not cancelling within the alotted time without penalty. We allow for 3 days for the homeowner to cancel with no risk and a refund. It has been close to 1 month when the client now deceided to cancel. We are looking to enforce our cancellation policy. If you like, I could send you a copy of the contract. My direct email is tony.gonzalez@windmarhome.com. My cell is 407-414-6541.

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Apr 14, 2022
The question was whether anything had been specially fabricated for the project. Specially fabricated items for a project will allow for a construction lien even if not installed. Based on your response I am assuming that this is not the case. Under the circumstances where no work has been done on the property you do not have the right to a lien. Generally a construction lien may be filed may be filed for unpaid labor, services and materials provided to improve property. Your description of the situation is that the owner has breached the contract. Your damages are the benefit of the bargain; that is, lost profit that your company would have earned in performing the contract. You should consult with a lawyer in your community to see about collecting this debt. If the profit was $8,000 or less then you can bring your claim in small claims court without a lawyer. The clerk of the court will assist you in filing the correct documents to institute the court case.
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Apr 14, 2022
You can’t lien for a cancellation fee; you can only lien for work actually performed and materials provided. If you custom ordered or fabricated materials, you might be able to lien for those.
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