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Can I file a mechanics lien?

FloridaConstruction ContractMechanics Lien

My customer broke contracted payment terms several times. He refused to sign a change order for additional work ALREADY PERFORMED after verbal agreement. I requested a change of payment terms and he refused to make payment. Customer reached out to my subcontractors and paid them directly to complete portions of my contract without my consent. I have HALTED ALL WORK untill new contract can be agreed upon and customer says they are hiring someone to finish the project.

2 replies

Jul 25, 2022
You have the right to file a lien for any unpaid labor, services and materials that have been provided to the property. Do not include in the lien overhead or profit for work not yet in place. While you may be entitled to lost profit for breach of contract, including it in the lien would constitute a fraudulent lien. I recommend that you get specific legal advice about your situation sooner rather than later.
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Jul 26, 2022

Michael, I strongly recommend you not file a construction lien on your own without legal advice. That can result in making mistakes with your lien which put you in a bad position. You are entitled to lien for work performed for which you have not been paid. But there are so many ways to mess up a construction lien and, in a likely termination situation, you have to be careful not to hand the owner a get-out-of-jail-free card.

I will be candid and tell you situations like yours almost never end well. But by acting proactively and getting with a good construction lawyer, you can minimize the fallout.  

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