Menu
Home>Levelset Community>Legal Help>Can I file a Notice to Owner after the 45 day period and before the end of the job?

Can I file a Notice to Owner after the 45 day period and before the end of the job?

FloridaNotice of Commencement
Anonymous Subcontractor

The owner is now playing games and does not want to pay, since we are almost done. He's paid all the way up until now, so I wanted to find out what our rights would be.

2 replies

Oct 8, 2021

Is the owner your customer - i.e., do you have a contract with the owner? If so, you don't need to serve a notice to owner. If your customer is anyone else - the GC, a subcontractor, etc. - then you are out of luck for lien rights. The 45-day period is a one-and-done. You either serve the notice to owner within the 45-day period or you lose your lien rights, period.

The hiring of an attorney is an important decision and should not be based solely upon advertisements. No advice given through this forum shall be
construed to create an attorney-client relationship with this correspondent. An attorney-client relationship can be created only with a signed engaSee More...
See More...
1 person found this helpful
Helpful
Oct 12, 2021
If you are the GC, no need to serve a notice to owner. If you are a sub or supplier, you have 45 days after you start work to serve the notice to owner. There are no exceptions to this rule.
1 person found this helpful
Helpful