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Can I file a mechanics lien?

FloridaMechanics Lien
Anonymous Contractor

My company provides permit expediting services in Florida. We are not a licensed contractor, architect or engineer. We were hired by a restaurant franchisee (not a contractor or the land owner) to process permits, for a tenant interior build out. The franchisee is the tenant; not the land owner. We do not have a signed contract, but rather were engaged by the franchisee for services via email. We have worked with this franchisee on another project and not had any payment issues; hence no formal written contract on this project. We completed our permitting services on 09/30/22, and subsequently issued a final invoice. The franchisee has sent 2 partial payments, but is now refusing to make a final payment. Can I file a lien?

2 replies

Lawyer at Bass Law Office
| 150 reviews
May 1, 2023

You do not qualify as a professional under Florida's Construction Lien Law. Your services are not an improvement to specified real property. Therefore, in my opinion you do not have construction lien rights. If the amount owed is $8,000 or less then you can take the matter to small claims court. If more, consult with a lawyer about how to collect the debt.

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May 2, 2023

No lien. You must record lien within 90 days of final furnishing, which would have been ~ 12/30/22.

Make a claim in Small Claims Court. The forms are usually available online.

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