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Can I file a mechanics lien based on the date I was told in writing my invoice was denied?

Florida

I worked (drafting) on multiple projects for a Florida tile contractor with a standard practice of holding a retainage on all projects. I finished work in 3/28, Invoiced on 4/15 but my invoice wasn't denied in writing until 8/31. I was basically strung on through other projects with "we'll get that payment next month". Large Contractor, Major Hotel Chain. Does the retainage system allow me to use the 8/31 date when I was told in writing my invoice was denied and allow me to file a lien?

1 reply

Oct 12, 2022

Without addressing whether you complied with any of the construction lien requirements for persons not in a direct contract with the owner, the critical fact is when did you complete the work on the project, not including punchout or trivial work? From that date you have 90 calendar days to file your lien. If you did not do this then you can never file a lien against the property. A good rule of thumb is that if you haven't been paid within 30 days from invoice then file a lien. If you are not in contract with the owner don't forget to timely deliver your notice to the owner (NTO). If you are a sub-subcontractor you must also deliver a copy of the NTO to the GC to perfect your lien rights. Even though you do not have lien rights you still have the right to bring suit against your customer. I suggest that you consult with a lawyer about this.

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