Im a sub contractor working on a large commercial job. we haven' been paid in months. what can we do ?
1 reply
Mar 20, 2020
In Florida, parties who perform labor or furnish materials are generally entitled to mechanics lien protection to ensure payment, provided they follow the necessary rules and requirements.
Parties who do not contract with the property owner are required to send a preliminary notice within 45 days of first furnishing labor or materials. Florida requires these parties to provide a Notice to Owner as a prerequisite to filing a valid and enforceable mechanics lien. This requirements is set forth by Florida Code § 713.06, which states that the notice must be served on the owner (and potentially the GC), and include certain information, including “the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished” and certain specific text.
If this notice requirement was met, the subcontractor may file a mechanic lien within 90 days after they finish their work. You can find a step-by-step guide to filing a Florida mechanics lien here.
Or, you can make the process quick and easy by taking care of it online.
If lien rights are not applicable, alternative methods of urging payment, such as demand letters, a lawsuit, or involving outside collections may be used.